Matter of Maxwell v. Smith

Appellate Division of the Supreme Court of New York

Matter of Maxwell v. Smith

127 A.D.3d 1091, 5 N.Y.S.3d 886

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

DecidedApril 22, 2015

Docket2014-07761

StatusPublished

This text of 127 A.D.3d 1091 (Matter of Maxwell v. Smith) 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 Maxwell v. Smith, 127 A.D.3d 1091, 5 N.Y.S.3d 886 (N.Y. Ct. App. 2015).

Pincite

Opinion

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent, Mary H. Smith, a Justice of the Supreme Court, Westchester County, to determine the petitioner’s motion to renew his prior motions to resettle the transcript of his trial in an underlying criminal action entitled People v Maxwell, commenced in that court under indictment No. 1481/ 00, or to conduct a reconstruction hearing, 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.

*1092 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.

Eng, P.J., Balkin, Hall and Sgroi, JJ., concur.

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