Opinion
October 29, 1990
Adjudged that the proceeding is dismissed, without costs or disbursements, and the temporary stay granted by this court in the order to show cause dated September 13, 1990, is vacated.
"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 N.Y.2d 564, 569; accord, Matter of Rush v. Mordue, 68 N.Y.2d 348, 353).
The County Court clearly has jurisdiction to direct the execution of the petitioner's sentence following the affirmance of his conviction by this court (see, People v. Paganini, 162 A.D.2d 631). As the petitioner has failed to demonstrate a clear legal right to this remedy, the proceeding is dismissed. Eiber, J.P., Harwood, Rosenblatt and Miller, JJ., concur.