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Bernard v. Lasak

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 2009
60 A.D.3d 942 (N.Y. App. Div. 2009)

Opinion

No. 2008-10381.

March 24, 2009.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Gregory L. Lasak, a Justice of the Supreme Court, Queens County, to recall and vacate a decision and order dated July 29, 2008, and application by the petitioner for poor person relief.

David Bernard, East Elmhurst, N.Y., petitioner pro se.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Roberta L. Martin of counsel), for respondent.

Before: Fisher, J.P., Dillon, Angiolillo and Belen, JJ.


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; 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. of Sullivan County v Scheinman, 53 NY2d 12, 16). The petitioner has failed to demonstrate a clear legal right to the relief sought.


Summaries of

Bernard v. Lasak

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 2009
60 A.D.3d 942 (N.Y. App. Div. 2009)
Case details for

Bernard v. Lasak

Case Details

Full title:In the Matter of DAVID BERNARD, Petitioner, v. GREGORY L. LASAK, as…

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

Date published: Mar 24, 2009

Citations

60 A.D.3d 942 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 2357
874 N.Y.S.2d 813