Matter of Zaharatos v. Thomas

Appellate Division of the Supreme Court of New York

Matter of Zaharatos v. Thomas

132 A.D.3d 775, 17 N.Y.S.3d 650

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

DecidedOctober 14, 2015

Docket2015-07067

StatusPublished

This text of 132 A.D.3d 775 (Matter of Zaharatos v. Thomas) 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.

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Matter of Zaharatos v. Thomas, 132 A.D.3d 775, 17 N.Y.S.3d 650 (N.Y. Ct. App. 2015).

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Opinion

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Delores J. Thomas, a Justice of the Supreme Court, Kings County, to fix an undertaking pursuant to CPLR 5519 (c) .

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

*776 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 failed to establish a clear legal right to the relief.

Dillon, J.P., Chambers, Hall and Hinds-Radix, JJ., concur.

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Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Delores J. Thomas, a Justice of the Supreme Court, Kings County, to fix an undertaking pursuant to CPLR 5519 (c) .

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

*776 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 failed to establish a clear legal right to the relief.

Dillon, J.P., Chambers, Hall and Hinds-Radix, JJ., concur.

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Bluebook (online)

132 A.D.3d 775, 17 N.Y.S.3d 650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-zaharatos-v-thomas-nyappdiv-2015.

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