Opinion
February 17, 2000
Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents "from acting in excess of their authority" in a criminal action entitled People v. Erwin Jackson pending under Nassau County Indictment No. 58630.
Erwin Jackson, Beacon, N.Y., petitioner pro se.
Owen B. Walsh, County Attorney, Mineola, N.Y. (Richard S. Leffer and Gerald R. Podlesak of counsel), for respondent Karen V. Murphy (no memorandum filed).
DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION JUDGMENT
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 Rush v. Mordue, 68 N.Y.2d 348, 352). The petitioner has failed to demonstrate a clear legal right to the relief sought.