Palumbo v. Nassau County Supreme Court

Appellate Division of the Supreme Court of New York

Palumbo v. Nassau County Supreme Court

33 A.D.3d 704, 821 N.Y.S.2d 910

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

DecidedOctober 10, 2006

StatusPublished

This text of 33 A.D.3d 704 (Palumbo v. Nassau County Supreme Court) 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

Palumbo v. Nassau County Supreme Court, 33 A.D.3d 704, 821 N.Y.S.2d 910 (N.Y. Ct. App. 2006).

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Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondents “to immediately set a sum certain according to the terms of prior judgments and orders” entered in an action entitled Palumbo v Palumbo pending in the Supreme Court, Nassau County, under index No. 97-024096.

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. Spolzino, J.E, Skelos, Fisher and Dillon, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondents “to immediately set a sum certain according to the terms of prior judgments and orders” entered in an action entitled Palumbo v Palumbo pending in the Supreme Court, Nassau County, under index No. 97-024096.

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. Spolzino, J.E, Skelos, Fisher and Dillon, JJ., concur.

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Bluebook (online)

33 A.D.3d 704, 821 N.Y.S.2d 910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palumbo-v-nassau-county-supreme-court-nyappdiv-2006.

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