Opinion
October 9, 2001.
Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents from proceeding in a criminal action entitled People v. Harris, pending against the petitioner in the Supreme Court, Queens County, under Indictment No. 2744/00, and application by the petitioner for poor person relief.
Charles Harris, East Elmhurst, N.Y., petitioner pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, James A. Dolan, and James L. Iannone of counsel), for respondents.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, DANIEL F. LUCIANO and STEPHEN G. CRANE, JJ.
DECISION, ORDER JUDGMENT
ORDERED that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied; and it is further,
ADJUDGED that the petition is denied and the proceeding is dismissed, without costs or disbursements.
"Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court — in cases where judicial authority is challenged — acts or threatens to act either without jurisdiction or in excess of its authorized powers" (Matter of Holtzman v. Goldman, 71 N.Y.2d 564, 569; see, Matter of Lumpkins v. Griffin, 286 A.D.2d 334; Matter of Rush v. Mordue, 68 N.Y.2d 348, 352). The petitioner has failed to demonstrate a clear legal right to the relief sought.