Opinion
June 4, 1998
Ordered that the branch of the application which is for poor person relief is granted, and the application is otherwise denied; and it is further,
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.
Miller, J. P., O'Brien, Pizzuto and Friedmann, JJ., concur.