Clarke v. Chun

Appellate Division of the Supreme Court of New York

Clarke v. Chun

138 A.D.3d 1118, 28 N.Y.S.3d 892

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

DecidedApril 27, 2016

StatusPublished

This text of 138 A.D.3d 1118 (Clarke v. Chun) 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

Clarke v. Chun, 138 A.D.3d 1118, 28 N.Y.S.3d 892 (N.Y. Ct. App. 2016).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Danny K. Chun, a Justice of the Supreme Court, Kings County, to provide the petitioner with grand jury minutes in connection with his ongoing prosecution by the New York State Attorney General under Kings County indictment No. 9324/14, 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 where there exists a 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.

Rivera, J.P., Dillon, Dickerson and Chambers, JJ., concur.

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