Matter of Antwine v. Evans
Opinion
| Matter of Antwine v Evans |
| 2023 NY Slip Op 04118 |
| Decided on August 2, 2023 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on August 2, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ANGELA G. IANNACCI, J.P.
JOSEPH J. MALTESE
HELEN VOUTSINAS
JANICE A. TAYLOR, JJ.
2023-04631
v
Lance Evans, etc., et al., respondents.
Biolsi Law Group, P.C., New York, NY (Steven Alexander Biolsi of counsel), for petitioner.
Letitia James, Attorney General, New York, NY (Elizabeth A. Figueira of counsel), for respondent Lance Evans.
DECISION & JUDGMENT
Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Lance Evans, a Justice of the Supreme Court, Queens County, to sign an order to show cause in an action entitled Wilmington Trust, National Association v Rice , pending in that court under Index No. 709829/14.
ADJUDGED that the petition is denied and the proceeding is dismissed on the merits, 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). The petitioner has failed to demonstrate a clear legal right to the relief sought.
IANNACCI, J.P., MALTESE, VOUTSINAS and TAYLOR, JJ., concur.
ENTER:Maria T. Fasulo
Clerk of the Court
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192 N.Y.S.3d 267 (Matter of Antwine v. Evans) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.