Brunson v. Lasak

Appellate Division of the Supreme Court of New York

Brunson v. Lasak

37 A.D.3d 715, 829 N.Y.S.2d 905

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 20, 2007

StatusPublished

This text of 37 A.D.3d 715 (Brunson v. Lasak) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brunson v. Lasak, 37 A.D.3d 715, 829 N.Y.S.2d 905 (N.Y. Ct. App. 2007).

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Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Gregory Lasak, a Justice of the Supreme Court, Queens County, to direct various officials to produce New York City Police Department documents in connection with an action entitled People v Brunson, pending under Queens County indictment No. 1100/05, and application by the petitioner for poor person relief.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when there exists á clear legal right to the relief sought (see, Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Mastro, J.P., Rivera, Spolzino and Krausman, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Gregory Lasak, a Justice of the Supreme Court, Queens County, to direct various officials to produce New York City Police Department documents in connection with an action entitled People v Brunson, pending under Queens County indictment No. 1100/05, and application by the petitioner for poor person relief.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when there exists á clear legal right to the relief sought (see, Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Mastro, J.P., Rivera, Spolzino and Krausman, JJ., concur.

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Bluebook (online)

37 A.D.3d 715, 829 N.Y.S.2d 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brunson-v-lasak-nyappdiv-2007.

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