Opinion
December 10, 1992
Appeal from the Supreme Court, Sullivan County (Kane, J.).
"Prohibition is not available to prevent administrative action unless the agency is acting in a judicial or quasi-judicial capacity" (Matter of American Tr. Ins. Co. v Corcoran, 65 N.Y.2d 828, 830). When an administrative body promulgates regulations such as the ones at issue in the instant proceeding, it acts in a legislative rather than a judicial or quasi-judicial capacity (see, Matter of Timber Point Homes v County of Suffolk, 155 A.D.2d 671, 674); prohibition is therefore unavailable in this case. Further, because petitioner may raise the validity of the regulations in an administrative appeal and an ensuing proceeding pursuant to CPLR article 78 if they are ever applied to him, we find no reason to convert the proceeding to an action for a declaratory judgment (see, Matter of City of Newburgh v Public Empl. Relations Bd., 63 N.Y.2d 793; Bower Gardner v Evans, 60 N.Y.2d 781).
Mikoll, J.P., Yesawich Jr., Levine, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.