OPINION OF THE COURT
Judgment affirmed, without costs. Prohibition does not lie under the circumstances of this case (see Matter of Gold v Gartenstein, 54 NY2d 627; Matter of Dondi v Jones, 40 NY2d 8).
Concur: Chief Judge Cooke and Judges Jasen, Jones, Meyer, Simons and Kaye. Taking no part: Judge Wachtler.