Moyse v. Greenberg

288 A.D.2d 386, 734 N.Y.S.2d 461, 2001 N.Y. App. Div. LEXIS 11205

Opinion

—Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Sheldon Greenberg, a Justice of the Supreme Court, Kings County, to issue to the petitioner an amended certificate of relief from disabilities pursuant to Correction Law § 702 to permit him to possess and use a firearm.

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. v Scheinman, 53 NY2d 12, 16). The petitioner has failed to demonstrate a clear legal right to the relief sought. O’Brien, J. P., Friedmann, Schmidt and Townes, JJ., concur.