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.