Collier v. Grosso

Appellate Division of the Supreme Court of New York

Collier v. Grosso

8 A.D.3d 561, 778 N.Y.S.2d 724, 2004 N.Y. App. Div. LEXIS 8739

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

DecidedJune 21, 2004

StatusPublished

This text of 8 A.D.3d 561 (Collier v. Grosso) 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

Collier v. Grosso, 8 A.D.3d 561, 778 N.Y.S.2d 724, 2004 N.Y. App. Div. LEXIS 8739 (N.Y. Ct. App. 2004).

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Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Anthony Grosso, a Justice of the Supreme Court, Queens County, to suppress certain evidence in a criminal action entitled People v Collier, pending in that court under indictment No. 2652/02, and application by the petitioner for poor person relief.

[562]*562Ordered 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 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. Santucci, J.P., Townes, Crane and Mastro, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Anthony Grosso, a Justice of the Supreme Court, Queens County, to suppress certain evidence in a criminal action entitled People v Collier, pending in that court under indictment No. 2652/02, and application by the petitioner for poor person relief.

[562]*562Ordered 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 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. Santucci, J.P., Townes, Crane and Mastro, JJ., concur.

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Bluebook (online)

8 A.D.3d 561, 778 N.Y.S.2d 724, 2004 N.Y. App. Div. LEXIS 8739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collier-v-grosso-nyappdiv-2004.

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