MATTER OF PHILIPS v. BELFI

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.