Motion by the respondent Michael Shane Hale to strike the memorandum of law submitted by the District Attorney of Kings County as amicus curiae.
Upon the petition and the papers filed in support of the proceeding and the motion and the papers filed in opposition thereto, it is
Ordered that the motion is denied; and it is further,
Ordered that on the Court's own motion, the memorandum of law which was submitted by the District Attorney of Kings County as amicus curiae is accepted for filing; and it is further,
Adjudged that the petition is granted, without costs or disbursements, and enforcement of the three orders of the Supreme Court, Kings County, dated December 4, 1995, January 12, 1996 and January 16, 1996, respectively, which were issued in the criminal action is prohibited.
The extraordinary remedy of prohibition is available in cases, such as here, where a court acts or threatens to act either without jurisdiction or in excess of its authorized powers (see, Matter of Holtzman v. Goldman, 71 N.Y.2d 564, 569; Matter of Catterson v. Rohl, 202 A.D.2d 420; Matter of Hynes v. Cirigliano, 180 A.D.2d 659). The respondent Hale's contentions do not require a different result. Bracken, J.P., Balletta, Thompson and Sullivan, JJ., concur.