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In re Frank B. Ryder

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1996
234 A.D.2d 465 (N.Y. App. Div. 1996)

Opinion

December 16, 1996.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, inter alia, to provide the petitioner with a jury verdict sheet. Motion by the petitioner for leave to prosecute the proceeding as a poor person. Justice Miller has been substituted for the late Justice Hart ( see, 22 NYCRR 670.1 [c]).

Before: Mangano, P.J., Miller, Copertino and McGinity, JJ.


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 NY2d 12, 16). The petitioner has failed to demonstrate a clear legal right to the relief sought.


Summaries of

In re Frank B. Ryder

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1996
234 A.D.2d 465 (N.Y. App. Div. 1996)
Case details for

In re Frank B. Ryder

Case Details

Full title:In the Matter of FRANK B. RYDER, Petitioner, v. MORTON WEISSMAN, Respondent

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

Date published: Dec 16, 1996

Citations

234 A.D.2d 465 (N.Y. App. Div. 1996)
651 N.Y.S.2d 894