Liere v. ECO Dallas Bengal

In a proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, in effect, to prohibit the respondents from telling the petitioners’ customers that it is unlawful to purchase mulch or topsoil from the petitioners, the petitioners appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County (Whelan, J.), entered February 4, 2008, which, among other things, denied the petition and dismissed the proceeding.

Ordered that the order and judgment is affirmed, with costs.

“[T]he writ of prohibition . . . does not issue as of right, but only in the sound…