
    In the Matter of Nassau County Society for Prevention of Cruelty to Animals, Petitioner, v County of Nassau et al., Respondents.
    [46 NYS3d 422]
   Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of prohibition to prohibit a justice of the Supreme Court, Nassau County, from determining an order to show cause returnable November 4, 2016, in an action entitled Moore v Nassau County Socy. for Prevention of Cruelty to Animals, pending under Nassau County index No. 7024/16.

Adjudged that the petition is denied and the proceeding is dismissed on the merits, 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 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.

Eng, P.J., Balkin, Leventhal and LaSalle, JJ., concur.  