Matter of Munro v. Dufficy
This text of 2025 NY Slip Op 06709 (Matter of Munro 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.
Opinion
Matter of Munro v Dufficy (2025 NY Slip Op 06709)
| Matter of Munro v Dufficy |
| 2025 NY Slip Op 06709 |
| Decided on December 3, 2025 |
| 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 December 3, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
LARA J. GENOVESI
DONNA-MARIE E. GOLIA
PHILLIP HOM, JJ.
2025-10105
v
Timothy J. Dufficy, etc., respondent. Jacques Munro, Elmont, NY, petitioner pro se.
Letitia James, Attorney General, New York, NY (Bronwyn M. James, of counsel), for respondent.
DECISION & JUDGMENT
Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Timothy J. Dufficy, a Justice of the Supreme Court, Suffolk County, to comply with a decision and order this Court dated November 22, 2023 (Matter of Munro v New York City Human Resources Admin., Off. of Child Support Enforcement, 221 AD3d 904), which determined an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, entered September 16, 2020.
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). The petitioner has failed to demonstrate a clear legal right to the relief sought.
The petitioner's remaining contentions are without merit.
DILLON, J.P., GENOVESI, GOLIA and HOM, JJ., concur.
ENTER:Darrell M. Joseph
Clerk of the Court
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
2025 NY Slip Op 06709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-munro-v-dufficy-nyappdiv-2025.