Griffin v. Santagata

Proceeding pursuant to CPLR article 78, inter alia, to prohibit any further proceedings in a criminal action against the petitioner entitled People *558v Albert Griffin, under Nassau County indictment No. 73230, and for a change of venue of the criminal action.

Adjudged that the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of prohibition is available only where there is a clear legal right, and then, in cases where judicial authority is challenged, only when the court acts or threatens to act either without jurisdiction or in excess of its authorized powers…