MATTER OF ROSS v. GIACCIO

On summary consideration, order reversed, with costs, and the petition dismissed. The extraordinary remedy of prohibition is not available under the circumstances of this case where there has been no act in excess of jurisdiction but only an alleged error which can be adequately reviewed on a direct appeal.

Concur: Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Chief Judge COOKE.