Matter of Lawtone-Bowles v. Brown

2024 NY Slip Op 02705
Appellate Division of the Supreme Court of the State of New York·Decided May 15, 2024·No. 2024-01962·Published

Opinion

Matter of Lawtone-Bowles v Brown (2024 NY Slip Op 02705)
Matter of Lawtone-Bowles v Brown
2024 NY Slip Op 02705
Decided on May 15, 2024
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 May 15, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
LILLIAN WAN, JJ.

2024-01962

[*1]In the Matter of Nicole Lawtone-Bowles, petitioner,

v

Craig Stephen Brown, respondent.


Nicole Lawtone-Bowles, Highland Falls, NY, petitioner pro se.



DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Craig Stephen Brown, a Judge of the County Court, Orange County, to grant the petitioner's application for a pistol permit.

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 when 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.

BRATHWAITE NELSON, J.P., MILLER, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court



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Matter of Lawtone-Bowles v. Brown, 2024 NY Slip Op 02705 (N.Y. Ct. App. 2024).

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Related

Legal Aid Society of Sullivan County, Inc. v. Scheinman
422 N.E.2d 542 (New York Court of Appeals, 1981)