Practice point: The writ of prohibition is available only where there is a clear legal right, and only in those cases where a court acts or threatens to act in excess of its powers.
Students should note that it is not available to correct errors of substantive law or procedure, however grievous.
Case: Dowd v. Buchter, NY Slip Op 06419 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Administrative Law.
