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Encarnacion v. Sawyer

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 2006
26 A.D.3d 261 (N.Y. App. Div. 2006)

Opinion

7904.

February 21, 2006.

Judgment, Supreme Court, New York County (Emily Jane Goodman, J.), entered August 9, 2005, denying the petition and dismissing this proceeding, unanimously affirmed, without costs.

Bernabe Encarnacion, appellant pro se.

Indira Satyendra, New York, for respondents.

Before: Tom, J.P., Mazzarelli, Andrias, Nardelli and Malone, JJ., concur.


Petitioner does not refute the IAS court's finding that there is no basis for CPLR article 78 relief against respondents Sawyer and Roberts in their individual capacities. As to the corporate respondent, even if it is subject to such a proceeding, the court correctly found that petitioner did not establish ABC had any obligation to preserve or return to him the documents he had sent in on his own initiative, or to broadcast his unsolicited story. The obligation, if any, to return papers voluntarily submitted to a party who did not ask for them is not a duty specifically enjoined by law, or of the sort traditionally enforceable in a mandamus proceeding.


Summaries of

Encarnacion v. Sawyer

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 2006
26 A.D.3d 261 (N.Y. App. Div. 2006)
Case details for

Encarnacion v. Sawyer

Case Details

Full title:BERNABE ENCARNACION, Appellant, v. DIANE SAWYER et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 21, 2006

Citations

26 A.D.3d 261 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 1263
809 N.Y.S.2d 76