Appellate Division of the Supreme Court of the State of New York August 16, 2011 (Lynch v. Condon)

Adjudged that the petition is denied and the proceeding is dismissed on the merits, 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 or in excess of its *645authorized powers”