Paganini v. Harrington

Proceeding pursuant to CPLR article 78, inter alia, to prohibit the respondent Raymond Harrington, a Judge of the County Court, Nassau County, from directing the execution of the petitioner’s sentence in a criminal action entitled People v Dante E. Paganini (Nassau County indictment Number 68895).

Adjudged that the proceeding is dismissed, without costs or disbursements, and the temporary stay granted by this court in the order to show cause dated September 13, 1990, is vacated.

"Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only…