Kirkorov v. McGann

Appellate Division of the Supreme Court of New York

Kirkorov v. McGann

31 A.D.3d 765, 818 N.Y.S.2d 492

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

DecidedJuly 25, 2006

StatusPublished

This text of 31 A.D.3d 765 (Kirkorov v. McGann) 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

Kirkorov v. McGann, 31 A.D.3d 765, 818 N.Y.S.2d 492 (N.Y. Ct. App. 2006).

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Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus, to compel the respondent Robert C. McGann to accept a notice of appearance of Albert Y. Dayan in an action entitled People v Kirkorov, pending in the Supreme Court, Queens County, under indictment No. 2674/03.

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. Luciano, J.P, Rivera, Spolzino and Covello, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of mandamus, to compel the respondent Robert C. McGann to accept a notice of appearance of Albert Y. Dayan in an action entitled People v Kirkorov, pending in the Supreme Court, Queens County, under indictment No. 2674/03.

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. Luciano, J.P, Rivera, Spolzino and Covello, JJ., concur.

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Bluebook (online)

31 A.D.3d 765, 818 N.Y.S.2d 492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirkorov-v-mcgann-nyappdiv-2006.

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