Matter of McClinton v. Toomey

Appellate Division of the Supreme Court of New York

Matter of McClinton v. Toomey

140 A.D.3d 1069, 33 N.Y.S.3d 752

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

DecidedJune 22, 2016

Docket2016-02700

StatusPublished

This text of 140 A.D.3d 1069 (Matter of McClinton v. Toomey) 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 McClinton v. Toomey, 140 A.D.3d 1069, 33 N.Y.S.3d 752 (N.Y. Ct. App. 2016).

Pincite

Opinion

— Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondents John J. Toomey, Jr., a Judge of the County Court, Suffolk County, and Thomas J. Spota, the Suffolk County District Attorney, to provide the petitioner with grand jury minutes in a criminal action entitled People v McClinton, pending in the County Court, Suffolk County, under indictment No. 1554-15, 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 *1070 waived, and the application is otherwise denied; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, 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.

Dillon, J.P., Chambers, Hinds-Radix and Brathwaite Nelson, JJ., concur.

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