Adjudged that the petition is denied, without costs or disbursements, and the proceeding is dismissed.
Prohibition does not lie to challenge an order issued pursuant to CPL 240.40 ( see, Matter of Anonymous, 76 N.Y.2d 766; see also, Matter of Ford v. Vaughan, 196 A.D.2d 869; Matter of Dunnigan v. Weissman, 181 A.D.2d 731; Matter of Vann v. Friedlander, 170 A.D.2d 782).
Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.