Matter of Rhea-Burg v. Torres

Opinion

Matter of Rhea-Burg v Torres

2026 NY Slip Op 04861

August 5, 2026

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

In the Matter of Yvette Rhea-Burg, petitioner,

v

Betsy Heckman Torres, etc., respondent.

Supreme Court of the State of New York, Appellate Division, Second Judicial Department

Decided on August 5, 2026

2026-02681

Lara J. Genovesi, J.P.

Paul Wooten

Barry E. Warhit

Donna-Marie E. Golia, JJ.

Darren V. Ford, Queens Village, NY, for petitioner.

Letitia James, Attorney General, New York, NY (Michael A. Berg of counsel), for respondent.

[*1]

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent, S. Betsy Heckman Torres, sued herein as Betsy Heckman Torres, a Justice of the Supreme Court, Suffolk County, to determine a certain motion in an action entitled Mortgage Assets Management, LLC v Moore, pending in the Supreme Court, Suffolk County, under Index No. 602188/19.

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.

GENOVESI, J.P., WOOTEN, WARHIT and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court