Sadowski v. Galasso

Appellate Division of the Supreme Court of New York

Sadowski v. Galasso

109 A.D.3d 997, 971 N.Y.S.2d 480

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

DecidedSeptember 25, 2013

StatusPublished

This text of 109 A.D.3d 997 (Sadowski v. Galasso) 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

Sadowski v. Galasso, 109 A.D.3d 997, 971 N.Y.S.2d 480 (N.Y. Ct. App. 2013).

Pincite

Opinion

— Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, John J. Galasso, a Justice of the Supreme Court, Nassau County, in effect, to vacate a judgment of foreclosure and sale entered October 3, 2012, in the Supreme Court, Nassau County, in an underlying action entitled L&L Assoc. Holding Corp. v Sadowski, filed under index No. 10-004147, place the underlying action on the trial calendar, and order “the names and addresses of notice of settlement paid with payout amounts.”

Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

The extraordinary remedy of mandamus will lie to compel the performance of a ministerial act, and only where 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. Dillon, J.E, Angiolillo, Leventhal and Lott, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, John J. Galasso, a Justice of the Supreme Court, Nassau County, in effect, to vacate a judgment of foreclosure and sale entered October 3, 2012, in the Supreme Court, Nassau County, in an underlying action entitled L&L Assoc. Holding Corp. v Sadowski, filed under index No. 10-004147, place the underlying action on the trial calendar, and order “the names and addresses of notice of settlement paid with payout amounts.”

Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

The extraordinary remedy of mandamus will lie to compel the performance of a ministerial act, and only where 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. Dillon, J.E, Angiolillo, Leventhal and Lott, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

109 A.D.3d 997, 971 N.Y.S.2d 480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sadowski-v-galasso-nyappdiv-2013.

Opinion

Related

Cite This Page — Counsel Stack