Matter of Frazier v. Wassel

Appellate Division of the Supreme Court of New York

Matter of Frazier v. Wassel

133 A.D.3d 657, 18 N.Y.S.3d 870

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

DecidedNovember 12, 2015

Docket2015-04961

StatusPublished

Cited by1 cases

This text of 133 A.D.3d 657 (Matter of Frazier v. Wassel) 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.

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Matter of Frazier v. Wassel, 133 A.D.3d 657, 18 N.Y.S.3d 870 (N.Y. Ct. App. 2015).

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Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, in effect, to compel the respondents to vacate the sentences imposed upon the petitioner’s convictions under Queens County indictment Nos. 2446/92, 2275/93 and 3424/93, and application by the petitioner for poor person relief.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

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 *658 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 [1981]). The petitioner failed to demonstrate a clear legal right to the relief sought. Leventhal, J.P., Cohen, Duffy and LaSalle, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, in effect, to compel the respondents to vacate the sentences imposed upon the petitioner’s convictions under Queens County indictment Nos. 2446/92, 2275/93 and 3424/93, and application by the petitioner for poor person relief.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

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 *658 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 [1981]). The petitioner failed to demonstrate a clear legal right to the relief sought. Leventhal, J.P., Cohen, Duffy and LaSalle, JJ., concur.

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Bluebook (online)

133 A.D.3d 657, 18 N.Y.S.3d 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-frazier-v-wassel-nyappdiv-2015.

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