Rogers v. Marrus

Appellate Division of the Supreme Court of New York

Rogers v. Marrus

210 A.D.2d 486, 620 N.Y.S.2d 1007, 1994 N.Y. App. Div. LEXIS 13133

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

DecidedDecember 27, 1994

StatusPublished

This text of 210 A.D.2d 486 (Rogers v. Marrus) 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.

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Rogers v. Marrus, 210 A.D.2d 486, 620 N.Y.S.2d 1007, 1994 N.Y. App. Div. LEXIS 13133 (N.Y. Ct. App. 1994).

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Opinion

—Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the . respondent Justice to dismiss Kings County Indictment No. 27Í6/94.

Upon the petition and papers filed in support of the proceeding, and the papers filed in opposition thereto, it is

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 here has failed to demonstrate a clear legal right to the relief sought. O’Brien, J. P., Hart, Goldstein and Florio, JJ., concur.

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—Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the . respondent Justice to dismiss Kings County Indictment No. 27Í6/94.

Upon the petition and papers filed in support of the proceeding, and the papers filed in opposition thereto, it is

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 here has failed to demonstrate a clear legal right to the relief sought. O’Brien, J. P., Hart, Goldstein and Florio, JJ., concur.

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210 A.D.2d 486, 620 N.Y.S.2d 1007, 1994 N.Y. App. Div. LEXIS 13133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-marrus-nyappdiv-1994.

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