Ordered that the branch of the motion which is for leave to prosecute the proceeding as a poor person is granted only to the extent that the filing fee is waived and that branch of the motion is otherwise denied; and it is further,
Ordered that the motion is otherwise denied as academic; and it is further,
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.
"Because of its extraordinary nature, prohibition...
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