Miller v. De Maro

1 A.D.2d 363, 766 N.Y.S.2d 584, 1 A.D.3d 363, 2003 N.Y. App. Div. LEXIS 11514

Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent to reinstate the complaint in an action entitled Miller v Radder, in the Supreme Court, Nassau County, under Index No. 8837/02.

Adjudged that the petition is denied and the proceeding is dismissed, 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 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Santucci, J.E, Friedmann, McGinity and Schmidt, JJ., concur.