Prospect v. Doyle

Proceeding pursuant to CPLR article 78 in the nature of a prohibition to prohibit the respondents from proceeding with a criminal action entitled People v Prospect, pending under Suffolk County indictment No. 2011-06, on the ground of lack of geographic jurisdiction.

Adjudged that the petition is denied and the proceeding is dismissed, 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…