Opinion
2019–07866
12-04-2019
In the Matter of Edwin MADDEN, Jr., Petitioner, v. Bruce M. BALTER, etc., Respondent.
Edwin Madden, Jr., Ossining, NY, petitioner pro se. Letitia James, Attorney General, New York, N.Y. (Charles F. Sanders of counsel), for respondent.
Edwin Madden, Jr., Ossining, NY, petitioner pro se.
Letitia James, Attorney General, New York, N.Y. (Charles F. Sanders of counsel), for respondent.
WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, JOSEPH J. MALTESE, LINDA CHRISTOPHER, JJ.
DECISION, ORDER & JUDGMENT
Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent, Bruce M. Balter, a Justice of the Supreme Court, Kings County, to consider an addendum to the petitioner's motion pursuant to CPL 440.10, made in a criminal action entitled People v. Madden , pending in the Supreme Court, Kings County, under Indictment No. 2879/92, and application by the petitioner for poor person relief.
ORDERED that the application for poor person relief 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 Matter of Legal Aid Socy. of Sullivan County v. Scheinman , 53 N.Y.2d 12, 16, 439 N.Y.S.2d 882, 422 N.E.2d 542 ). The petitioner has failed to demonstrate a clear legal right to the relief sought.
MASTRO, J.P., CHAMBERS, MALTESE and CHRISTOPHER, JJ., concur.