Walker v. Finnegan

Appellate Division of the Supreme Court of New York

Walker v. Finnegan

211 A.D.2d 682, 622 N.Y.S.2d 461, 1995 N.Y. App. Div. LEXIS 281

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

DecidedJanuary 17, 1995

StatusPublished

This text of 211 A.D.2d 682 (Walker v. Finnegan) 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

Walker v. Finnegan, 211 A.D.2d 682, 622 N.Y.S.2d 461, 1995 N.Y. App. Div. LEXIS 281 (N.Y. Ct. App. 1995).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the determination of the petitioner’s motion to reargue a motion to vacate certain judgments.

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.

[683]*683The 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.

We note that the motion to reargue has been decided. Miller, J. P., Lawrence, Ritter and Pizzuto, JJ., concur.

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