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Cuffy v. Pesce

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 4, 2019
178 A.D.3d 695 (N.Y. App. Div. 2019)

Opinion

2019–05262

12-04-2019

In the Matter of Perry CUFFY, Petitioner, v. Michael L. PESCE, et al., Respondents.

Susannah Karlsson, Brooklyn, NY, for petitioner.


Susannah Karlsson, Brooklyn, NY, for petitioner.

REINALDO E. RIVERA, J.P., LEONARD B. AUSTIN, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.

DECISION, ORDER & JUDGMENT

ORDERED that the application for leave to prosecute the proceeding as a poor person is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied as academic; and it is further,

ADJUDGED that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

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 Legal Aid Soc'y of Sullivan County, Inc. v. Scheinman, 53 N.Y.2d 12, 16, 439 N.Y.S.2d 882, 422 N.E.2d 542 ). The petitioner failed to demonstrate a clear legal right to the relief sought. In addition, the petitioner cannot seek declaratory relief in a CPLR article 78 proceeding (see CPLR 3017 ).

RIVERA, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.


Summaries of

Cuffy v. Pesce

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 4, 2019
178 A.D.3d 695 (N.Y. App. Div. 2019)
Case details for

Cuffy v. Pesce

Case Details

Full title:In the Matter of Perry Cuffy, petitioner, v. Michael L. Pesce, et al.…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Dec 4, 2019

Citations

178 A.D.3d 695 (N.Y. App. Div. 2019)
178 A.D.3d 695
2019 N.Y. Slip Op. 8668

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