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MATTER OF BORRELL v. NARO

153 A.D.2d 557 (1989)

In the Matter of Julio Borrell, Petitioner, v. Vincent F. Naro et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 7, 1989

Adjudged that the proceeding is dismissed, without costs or disbursements.

The respondent Naro's exercise of his right to remain as Trial Judge in the pending matter at issue was within his discretion as a jurist. The extraordinary remedy of prohibition does not lie as a means of seeking collateral review of an alleged error of law in a pending criminal matter (see, Matter of Kramer v Rosenberger,

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