Dillon v. Eiberson

—In a proceeding pursuant to CPLR article 78 in the nature of prohibition, the appeal is from so much of a judgment of the Supreme Court, Nassau County (Phelan, J.), dated May 21, 1997, as denied the petition.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

It is well settled that 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 where the court acts or threatens to act either without jurisdiction or in excess of its authority (see, Matter of Catterson v Rohl,…