—[*1] Jalah Knight, East Elmhurst, N.Y., petitioner pro se.

Eric T. Schneiderman, Attorney General, New York, N.Y. (Susan Anspach of counsel), for respondent Ronald D. Hollie.

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondent Ronald D. Hollie, a Justice of the Supreme Court, Queens County, from proceeding to the retrial of a criminal action entitled People v Knight, pending in that court under indictment No. 1752/2004, and in the nature of mandamus to compel him to render a decision on a motion by the petitioner pro se in that action, and application by the petitioner for poor person relief.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

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 extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Dickerson, J.P., Chambers, Hall and Roman, JJ., concur.