N.Y. C.P.L.R. 7801

§ 7801. Nature of proceeding. Relief previously obtained by writs of\ncertiorari to review, mandamus or prohibition shall be obtained in a\nproceeding under this article. Wherever in any statute reference is made\nto a writ or order of certiorari, mandamus or prohibition, such\nreference shall, so far as applicable, be deemed to refer to the\nproceeding authorized by this article. Except where otherwise provided\nby law, a proceeding under this article shall not be used to challenge a\ndetermination:\n 1. which is not final or can be adequately reviewed by appeal to a\ncourt or to some other body or officer or where the body or officer\nmaking the determination is expressly authorized by statute to rehear\nthe matter upon the petitioner's application unless the determination to\nbe reviewed was made upon a rehearing, or a rehearing has been denied,\nor the time within which the petitioner can procure a rehearing has\nelapsed; or\n 2. which was made in a civil action or criminal matter unless it is an\norder summarily punishing a contempt committed in the presence of the\ncourt.\n