Opinion
January 4, 1995
Adjudged that the petition is denied and the proceeding dismissed, without costs or disbursements.
Relief in the nature of a writ of prohibition is available only where there is a clear legal right, and then only where a court 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; Matter of Rush v. Mordue, 68 N.Y.2d 348, 352; Matter of Steingut v. Gold, 42 N.Y.2d 311, 315-316). The petitioner has failed to demonstrate a clear legal right to the relief sought. Bracken, J.P., Sullivan, Rosenblatt, Miller and Thompson, JJ., concur.