Opinion
October 27, 1997
Appeal from Supreme Court, Queens County
Ordered that the motion is granted; and it is further,
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.
The 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 N.Y.2d 12, 16). The petitioner has failed to demonstrate a clear legal right to the relief sought ( see, Matter of Sommer v. Harrington, 198 A.D.2d 508).
Miller, J.P., Ritter, Sullivan, Santucci and McGinity, JJ., concur.