Lazich v. Nicolai

Appellate Division of the Supreme Court of New York

Lazich v. Nicolai

254 A.D.2d 420, 678 N.Y.S.2d 742, 1998 N.Y. App. Div. LEXIS 11108

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

DecidedOctober 19, 1998

StatusPublished

Cited by2 cases

This text of 254 A.D.2d 420 (Lazich v. Nicolai) 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

Lazich v. Nicolai, 254 A.D.2d 420, 678 N.Y.S.2d 742, 1998 N.Y. App. Div. LEXIS 11108 (N.Y. Ct. App. 1998).

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Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent to order immediate therapeutic visitation by the petitioner with his children.

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

Due to various procedural infirmities, including, inter alia, the petitioner’s failure to have properly served the respondent, this proceeding must be dismissed (see, Matter of Bell v State Univ., 185 AD2d 925; Matter of Kelly v Scully, 152 AD2d 698). In any event, because the petitioner failed to demonstrate a clear legal right to the relief sought, mandamus would not lie (see, Matter of Legal Aid Socy. v Scheinman, 53 NY2d 12, 16). Ritter, J. P., Santucci, Altman 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 to order immediate therapeutic visitation by the petitioner with his children.

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

Due to various procedural infirmities, including, inter alia, the petitioner’s failure to have properly served the respondent, this proceeding must be dismissed (see, Matter of Bell v State Univ., 185 AD2d 925; Matter of Kelly v Scully, 152 AD2d 698). In any event, because the petitioner failed to demonstrate a clear legal right to the relief sought, mandamus would not lie (see, Matter of Legal Aid Socy. v Scheinman, 53 NY2d 12, 16). Ritter, J. P., Santucci, Altman and Krausman, JJ., concur.

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Bluebook (online)

254 A.D.2d 420, 678 N.Y.S.2d 742, 1998 N.Y. App. Div. LEXIS 11108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lazich-v-nicolai-nyappdiv-1998.

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