Green v. Sammarco

Appellate Division of the Supreme Court of New York

Green v. Sammarco

33 A.D.3d 1000, 822 N.Y.S.2d 737

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

DecidedOctober 31, 2006

StatusPublished

Cited by1 cases

This text of 33 A.D.3d 1000 (Green v. Sammarco) 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

Green v. Sammarco, 33 A.D.3d 1000, 822 N.Y.S.2d 737 (N.Y. Ct. App. 2006).

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Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Valentino T. Sammarco, an Acting Judge of the County Court, Dutchess County, to vacate an order of that court dated August 10, 2005, in an action entitled People v Green pending under indictment No. 92-00075, 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 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. Miller, J.P, Krausman, Spolzino and Lifson, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Valentino T. Sammarco, an Acting Judge of the County Court, Dutchess County, to vacate an order of that court dated August 10, 2005, in an action entitled People v Green pending under indictment No. 92-00075, 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 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. Miller, J.P, Krausman, Spolzino and Lifson, JJ., concur.

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Bluebook (online)

33 A.D.3d 1000, 822 N.Y.S.2d 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-sammarco-nyappdiv-2006.

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