Matter of Jenkins v. Dufficy

Appellate Division of the Supreme Court of New York

Matter of Jenkins v. Dufficy

136 A.D.3d 818, 24 N.Y.S.3d 524

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

DecidedFebruary 10, 2016

Docket2015-12239

StatusPublished

This text of 136 A.D.3d 818 (Matter of Jenkins v. Dufficy) 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 Jenkins v. Dufficy, 136 A.D.3d 818, 24 N.Y.S.3d 524 (N.Y. Ct. App. 2016).

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Opinion

— Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Thomas J. Dufficy, true name Timothy J. Dufficy, a Justice of the Supreme Court, Queens County, to vacate a judgment of foreclosure and sale of that court entered August 10, 2015, in an action entitled First Am. Intl. Bank v Jenkins, filed under index No. 9748/11, 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 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 has failed to demonstrate a clear legal right to the relief sought.

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

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