Smith v. Gribetz (211 A.D.2d 605, 1995)

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents from continuing the prosecution of the petitioner under Rockland County Indictment No. 137/94 on the ground, inter alia, of lack of jurisdiction.

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 NY2d 564, 569; Matter of Rush v Mordue, 68 NY2d 348, 352; Matter of Steingut v Gold, 42 NY2d 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.