Does the Special Prosecutor have been found to have overstepped his authority to issue an order requiring the Special Prosecution Service to prosecute this case?

Even if one assumes that petitioner is correct in his contention that the Special Prosecutor may not lawfully prosecute this case, in light of the broad grant of prosecutorial power contained in the order, an overstepping of 'jurisdiction' by the Special Prosecutor in this case could, at most, arguably be characterized an 'error of law', and not as an 'excess of power', either by him or the nisi prius courts which three times denied petitioner's motion. The court's recent admoniti in Matter of State of New York v. King (36 N.Y.2d 59, 62, 364 N.Y.S.2d 879, 881, 324 N.E.2d 351, 353, Supra) applies: 'errors of law, which of course may be verbalized, but incorrectly, as excesses of jurisdiction or power, are not to be confused with a proper basis for using the extraordinary writ'.