
    In the Matter of Leroy Whitley, Petitioner, v Matthew D’Emic et al., Respondents.
    [869 NYS2d 346]
   “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 NY2d 564, 569 [1988]; see Matter of Rush v Mordue, 68 NY2d 348, 352 [1986]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Skelos, J.E, Santucci, McCarthy and Dickerson, JJ., concur.  