Everetts v. Dwyer

Application, pursuant to CPLR article 78, for judgment in the nature of prohibition, denied, and petition dated December 29,1981 dismissed. The extraordinary remedy of prohibition is available only where petitioner has established a clear right to relief and where action taken or threatened is clearly without jurisdiction or in excess of jurisdiction (see, e.g., Matter of State of New York v King, 36 NY2d 59). It is further clear that prohibition does not lie to review the exercise of discretion in a criminal case (Matter of Mullen v Harris, 80 AD2d 981; Matter of Bloom v Clyne, 69 AD2d 956;…