Soares v. Herrick

Rose, J. (dissenting).

We respectfully dissent. The extraordinary remedy of prohibition “should be available only when a court exceeds its jurisdiction or authorized power in such a manner as to implicate the legality of the entire proceeding” (Matter of Rush v Mordue, 68 NY2d 348, 353 [1986]). It is not available to correct procedural or substantive errors of law (see Matter of Dondi v Jones, 40 NY2d 8, 15 [1976]). In our view, respondent County Judge of Albany County (hereinafter respondent) did not exceed his jurisdiction or authorized powers by disqualifying petitioner, a District…