Home/Appellate Division of the Supreme Court of New York/Maxwell v. Smith

Maxwell v. Smith

101 A.D.3d 1013, 955 N.Y.2d 527
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 19, 2012
StatusPublished

This text of 101 A.D.3d 1013 (Maxwell v. Smith) 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
Maxwell v. Smith, 101 A.D.3d 1013, 955 N.Y.2d 527 (N.Y. Ct. App. 2012).

Opinion

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., Dillon, Roman and Cohen, JJ., concur.

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Related

Legal Aid Society of Sullivan County, Inc. v. Scheinman
422 N.E.2d 542 (New York Court of Appeals, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
101 A.D.3d 1013, 955 N.Y.2d 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxwell-v-smith-nyappdiv-2012.