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Matter of Thomas v. Hanophy

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1996
223 A.D.2d 648 (N.Y. App. Div. 1996)

Opinion

January 22, 1996


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

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 has failed to demonstrate a clear legal right to the relief sought. Mangano, P.J., Copertino, Joy and Altman, JJ., concur.


Summaries of

Matter of Thomas v. Hanophy

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1996
223 A.D.2d 648 (N.Y. App. Div. 1996)
Case details for

Matter of Thomas v. Hanophy

Case Details

Full title:In the Matter of STEVEN THOMAS, Petitioner, v. ROBERT J. HANOPHY, as…

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

Date published: Jan 22, 1996

Citations

223 A.D.2d 648 (N.Y. App. Div. 1996)
637 N.Y.S.2d 319