Matter of Tarallo v. Hyun Chin Kim
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Opinion
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Matter of Tarallo v Hyun Chin Kim
2026 NY Slip Op 01973
April 1, 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 Lisa Tarallo, petitioner,
v
Hyun Chin Kim, etc., respondent.
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
Decided on April 1, 2026
2025-13524
Lara J. Genovesi, J.P.
William G. Ford
Helen Voutsinas
Donna-Marie E. Golia, JJ.
The Bellantoni Law Firm, PLLC, Scarsdale, NY (Amy L. Bellantoni of counsel), for petitioner.
DECISION & JUDGMENT
Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Hyun Chin Kim, a Justice of the County Court, Orange County, to issue a determination on the petitioner's application to amend her pistol licence.
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.
GENOVESI, J.P., FORD, VOUTSINAS and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court