Opinion
January 8, 1990
Appeal from the Supreme Court, Richmond County.
Ordered that the cross motion of Bivona Cohen, P.C., is granted; and it is further,
Ordered that the cross motion of Amabile Erman, P.C., is dismissed as academic; and it is further,
Adjudged that the proceeding is dismissed, without costs or disbursements.
The extraordinary remedy of prohibition does not properly lie under the instant circumstances in view of the apparent lack of merit of the petitioners' contentions and the availability of an adequate remedy at law (see, Matter of Lipari v. Owens, 70 N.Y.2d 731; Matter of Molea v. Marasco, 64 N.Y.2d 718). Brown, J.P., Lawrence, Kooper and Harwood, JJ., concur.