—[*1] Frederick R. Brewington, Hempstead, N.Y. (Michael Rosen of counsel), for petitioners.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Teresa Kaczmarek Corrigan, respondent pro se, of counsel), respondent pro se, and for respondent Michael Sobolinski.

Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to prohibit the respondent Alan L. Honorof, a Justice of the Supreme Court, Nassau County, from proceeding with a trial in a criminal action entitled People v Corbin, pending in the Supreme Court, Nassau County, under indictment No. 1502N/10.

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 authorized powers" (Matter of Holtzman v Goldman, 71 NY2d 564, 569 [1988]; see Matter of Rush v Mordue, 68 NY2d 348, 352 [1986]). The petitioner failed to demonstrate a clear legal right to the relief sought. Rivera, J.P., Dickerson, Chambers and Austin, JJ., concur.