Adjudged that the petition is denied, the proceeding is dismissed on the merits, without costs or disbursements, and the temporary stay contained in the order to show cause dated August 5, 2009 is vacated forthwith.
"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...
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