The 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. Rivera, J.P., Dillon, Dickerson and Austin, JJ., concur.
In the Matter of Antonio Cole, Petitioner, v. Nicholas DeRosa, Respondent
113 A.D.3d 765978 N.Y.S.2d 872
Authorities cited
No cited authorities resolved to law.co cases yet.