Toriola v. Flaherty
97 A.D.3d 686, 947 N.Y.2d 884
Opinion
[687]*687The extraordinary remedy of mandamus will lie only 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.P., Eng, Austin and Sgroi, JJ., concur.
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Toriola v. Flaherty, 97 A.D.3d 686, 947 N.Y.2d 884 (N.Y. Ct. App. 2012).
97 A.D.3d 686 (Toriola v. Flaherty) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Legal Aid Society of Sullivan County, Inc. v. Scheinman
422 N.E.2d 542 (New York Court of Appeals, 1981)