Matter of Weinstein v. DiBella
This text of 205 A.D.3d 813 (Matter of Weinstein v. DiBella) 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 Weinstein v DiBella |
| 2022 NY Slip Op 03120 |
| Decided on May 11, 2022 |
| 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 May 11, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
BETSY BARROS, J.P.
ANGELA G. IANNACCI
ROBERT J. MILLER
PAUL WOOTEN, JJ.
2022-01108
v
Robert M. DiBella, etc., et al., respondents. Elizabeth Harding Weinstein, Connecticut, petitioner pro se.
Letitia James, Attorney General, New York, NY (Amy Luo of counsel), for respondents.
DECISION & JUDGMENT
Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondents, Robert M. DiBella and Janet C. Malone, Justices of the Supreme Court, Westchester County, and Anne E. Minihan, Administrative Judge for the Ninth Judicial District, in effect, to unseal certain records in a proceeding entitled Matter of Elizabeth H. W. , commenced in the Supreme Court, Westchester County, under Index No. 31053/21.
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 when 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.
BARROS, J.P., IANNACCI, MILLER and WOOTEN, JJ., concur.
ENTER:Maria T. Fasulo
Clerk of the Court
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Cite This Page — Counsel Stack
205 A.D.3d 813, 165 N.Y.S.3d 916, 2022 NY Slip Op 03120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-weinstein-v-dibella-nyappdiv-2022.