D. T. v. Axelrod

Memorandum: While the issue presented on this appeal may have become moot, the significance of the issue and the frequency of its recurrence require that we address it in order to prevent repetition of the practice involved (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707). Special Term erred as a matter of law in granting a writ *1067prohibiting a scheduled administrative hearing. The courts have consistently held that a writ of prohibition should not issue to challenge a nonfinal ruling of an Administrative Hearing Officer (see, John P. v Axelrod, 105 AD2d 1061; Matter of Whalen v Slocum, 84…