From Casetext: Smarter Legal Research

Bruzzese v. Woods

Supreme Court, Appellate Division, Second Department, New York.
Dec 13, 2017
156 A.D.3d 693 (N.Y. App. Div. 2017)

Opinion

2017–10843

12-13-2017

In the Matter of Sylvia BRUZZESE, petitioner, v. Lori Currier WOODS, etc., respondent.

Sylvia Bruzzese, Chester, NY, petitioner pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael A. Berg of counsel), for respondent.


Sylvia Bruzzese, Chester, NY, petitioner pro se.

Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael A. Berg of counsel), for respondent.

LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, SANDRA L. SGROI, VALERIE BRATHWAITE NELSON, JJ.

DECISION, ORDER & JUDGMENT Proceeding, inter alia, in effect, pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, an acting Justice of the Supreme Court, Orange County, to comply with a decision and order of this Court dated July 12, 2017 ( Bruzzese v. Bruzzese, 152 A.D.3d 563, 61 N.Y.S.3d 18 ), deciding appeals from, among other things, two orders of that court, both dated August 24, 2015, and a judgment of that court dated August 25, 2015, 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 for poor person relief 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.

The petitioner's remaining contentions are without merit.

AUSTIN, J.P., ROMAN, SGROI and BRATHWAITE NELSON, JJ., concur.


Summaries of

Bruzzese v. Woods

Supreme Court, Appellate Division, Second Department, New York.
Dec 13, 2017
156 A.D.3d 693 (N.Y. App. Div. 2017)
Case details for

Bruzzese v. Woods

Case Details

Full title:In the Matter of Sylvia BRUZZESE, petitioner, v. Lori Currier WOODS, etc.…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Dec 13, 2017

Citations

156 A.D.3d 693 (N.Y. App. Div. 2017)
2017 N.Y. Slip Op. 8662
64 N.Y.S.3d 925