Matter of Bautista v. Joseph
Opinion
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Bureau Thomas J.K. Smith, State Reporter
Matter of Bautista v Joseph
2026 NY Slip Op 04298
July 8, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
In the Matter of Michele Bautista, petitioner,
v
Cheryl A. Joseph, et al., respondents.
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
Decided on July 8, 2026
2026-02953
Mark C. Dillon, J.P.
Helen Voutsinas
Laurence L. Love
Elena Goldberg Velazquez, JJ.
Peraino & Buckshaw, PLLC, Uniondale, NY (Nicholas Buckshaw of counsel), for petitioner.
Letitia James, Attorney General, New York, NY (Adam Yefet of counsel), for respondents Cheryl A. Joseph and Andrew A. Crecca.
Wenz Law Firm, P.C, Islandia, NY (Marilyn J. Wenz of counsel), for respondent Matthew Bautista.
DECISION & JUDGMENT
Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Cheryl A. Joseph, a Justice of the Supreme Court, Suffolk County, to issue certain orders in an action entitled Bautista v Bautista, pending in that court under Index No. 613252/20, and to stay trial in that action pending hearing and determination of this proceeding.
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.
The petitioner's remaining contentions either need not be reached in light of our determination or are without merit.
DILLON, J.P., VOUTSINAS, LOVE and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
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