Matter of Occean v. Kron

Appellate Division of the Supreme Court of New York

Matter of Occean v. Kron

120 A.D.3d 1247, 991 N.Y.S.2d 777

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

DecidedSeptember 10, 2014

Docket2014-01526

StatusPublished

This text of 120 A.D.3d 1247 (Matter of Occean v. Kron) 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 Occean v. Kron, 120 A.D.3d 1247, 991 N.Y.S.2d 777 (N.Y. Ct. App. 2014).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Barry Kron, an Acting Justice of the Supreme Court, Queens County, to grant the petitioner’s motion pursuant to CPL 30.30 to dismiss the indictment in an underlying criminal action entitled People v Occean, commenced in the Supreme Court, Queens County, under Indictment No. 284/13, and application by the petitioner for poor person relief.

Ordered that the application for poor person relief is granted *1248 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.

Rivera, J.P, Austin, Sgroi and Duffy, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI