From Casetext: Smarter Legal Research

Hou v. George

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 342 (N.Y. App. Div. 1995)

Opinion

November 6, 1995


Upon the petition and papers filed in support of the proceeding, and the papers filed in opposition thereto and in support of the motion, it is

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 N.Y.2d 12, 16). The petitioner here has failed to demonstrate a clear legal right to the relief sought. Balletta, J.P., Miller, O'Brien and Copertino, JJ., concur.


Summaries of

Hou v. George

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 342 (N.Y. App. Div. 1995)
Case details for

Hou v. George

Case Details

Full title:In the Matter of KAI MING HOU, Petitioner, v. NORMAN GEORGE, Respondent

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

Date published: Nov 6, 1995

Citations

221 A.D.2d 342 (N.Y. App. Div. 1995)
633 N.Y.S.2d 1002