Munifo v. Baker

Appellate Division of the Supreme Court of New York

Munifo v. Baker

150 A.D.2d 579, 541 N.Y.S.2d 137, 1989 N.Y. App. Div. LEXIS 7022

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

DecidedMay 15, 1989

StatusPublished

This text of 150 A.D.2d 579 (Munifo v. Baker) 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

Munifo v. Baker, 150 A.D.2d 579, 541 N.Y.S.2d 137, 1989 N.Y. App. Div. LEXIS 7022 (N.Y. Ct. App. 1989).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent to allow the petitioner to defend himself pro se in a criminal proceeding pending in the County Court, Nassau County, under indictment No. 66646.

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

The extraordinary remedy of mandamus lies to compel the performance of a purely ministerial act where there is a clear legal right to the relief sought (see, Matter of Legal Aid Socy. v Scheinman, 53 NY2d 12, 16). Inasmuch as that is not the case in this instance, the proceeding is dismissed. Mollen, P. J., Mangano, Brown and Spatt, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent to allow the petitioner to defend himself pro se in a criminal proceeding pending in the County Court, Nassau County, under indictment No. 66646.

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

The extraordinary remedy of mandamus lies to compel the performance of a purely ministerial act where there is a clear legal right to the relief sought (see, Matter of Legal Aid Socy. v Scheinman, 53 NY2d 12, 16). Inasmuch as that is not the case in this instance, the proceeding is dismissed. Mollen, P. J., Mangano, Brown and Spatt, JJ., concur.

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Bluebook (online)

150 A.D.2d 579, 541 N.Y.S.2d 137, 1989 N.Y. App. Div. LEXIS 7022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munifo-v-baker-nyappdiv-1989.

Opinion

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