
    In the Matter of Larry Barton, Petitioner, v James P. Griffin, as Justice of the Supreme Court of the State of New York, et al., Respondents.
    [748 NYS2d 62]
   “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; see Matter of Rush v Mordue, 68 NY2d 348, 352). The petitioner has failed to demonstrate a clear legal right to the relief sought. Peuerstein, J.P., Smith, Friedmann and Adams, JJ., concur.  