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In the Matter of Daniel Silvera, Petitioner, v. Norman Janowitz et al., Respondents

New York Supreme Court, Appellate Division2014-01-15
113 A.D.3d 691978 N.Y.S.2d 698

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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. Mastro, J.P., Lott, Sgroi and Miller, JJ., concur.