Opinion
March 15, 1993
Appeal from the Supreme Court, Westchester County.
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements; and it is further,
Ordered that the temporary restraining order continued in an order to show cause dated February 11, 1993, is vacated.
The extraordinary remedy of prohibition is available only where there is a clear legal right and, in cases where judicial authority is challenged, only when the court acts or threatens to act without jurisdiction or in excess of its authorized powers (see, e.g., Matter of Holtzman v. Goldman, 71 N.Y.2d 564, 569; Matter of Lipari v. Owens, 70 N.Y.2d 731). Prohibition is not available where, as here, there exists an adequate remedy at law, whether by appeal or otherwise (see, Matter of Molea v. Marasco, 64 N.Y.2d 718). Mangano, P.J., Bracken, Sullivan, Lawrence and Ritter, JJ., concur.