Opinion
January 22, 1990
Appeal from the Supreme Court, Kings County.
Adjudged that the proceeding is dismissed, without costs or disbursements; and it is further,
Ordered that the motion to intervene is denied as academic.
The extraordinary remedy of prohibition does not lie under the instant circumstances in view of the apparent lack of merit of the petitioner's contentions and the availability of an adequate remedy at law (see, CPLR 7801; Matter of Lipari v. Owens, 70 N.Y.2d 731; Matter of Molea v. Marasco, 64 N.Y.2d 718). Inasmuch as the proceeding is dismissed, the motion to intervene is denied as academic. Mollen, P.J., Mangano, Thompson and Brown, JJ., concur.