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Blake v. Eiberson

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 517 (N.Y. App. Div. 1989)

Opinion

May 15, 1989


Adjudged that the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of mandamus lies to compel the performance of a purely ministerial act where there is a clear legal right to the relief sought (Matter of Legal Aid Socy. v Scheinman, 53 N.Y.2d 12, 16). Inasmuch as that is not the case in this instance, the proceeding is dismissed. Brown, J.P., Kooper, Harwood and Rosenblatt, JJ., concur.


Summaries of

Blake v. Eiberson

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 517 (N.Y. App. Div. 1989)
Case details for

Blake v. Eiberson

Case Details

Full title:RICK BLAKE, Petitioner, v. M. ARTHUR EIBERSON, Respondent

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

Date published: May 15, 1989

Citations

150 A.D.2d 517 (N.Y. App. Div. 1989)
541 N.Y.S.2d 228