Matter of Bennett v. Greller

Appellate Division of the Supreme Court of New York

Matter of Bennett v. Greller

123 A.D.3d 825, 996 N.Y.S.2d 532

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

DecidedDecember 10, 2014

Docket2014-07083

StatusPublished

This text of 123 A.D.3d 825 (Matter of Bennett v. Greller) 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

Matter of Bennett v. Greller, 123 A.D.3d 825, 996 N.Y.S.2d 532 (N.Y. Ct. App. 2014).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Stephen L. Greller, a Judge of the County Court, Dutchess County, to grant the petitioner’s motion to resettle a commitment order dated August 8, 2013.

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 remedy to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]). The petitioner failed to demonstrate a clear legal right to the relief sought.

Dillon, J.P., Chambers, Cohen and Maltese, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Stephen L. Greller, a Judge of the County Court, Dutchess County, to grant the petitioner’s motion to resettle a commitment order dated August 8, 2013.

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 remedy to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]). The petitioner failed to demonstrate a clear legal right to the relief sought.

Dillon, J.P., Chambers, Cohen and Maltese, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

123 A.D.3d 825, 996 N.Y.S.2d 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-bennett-v-greller-nyappdiv-2014.

Opinion

Related

Cite This Page — Counsel Stack