Opinion
2019–10710
12-04-2019
In the Matter of CHELSEA GARDEN CENTER, INC. v. COMMISSIONER OF JURORS AND COUNTY CLERK, Kings County of the State of New York, Respondent.
Bruce A. Feldman, New York, NY, for petitioner. John W. McConnell, New York, N.Y. (Shawn Kerby of counsel), for respondent.
Bruce A. Feldman, New York, NY, for petitioner.
John W. McConnell, New York, N.Y. (Shawn Kerby of counsel), for respondent.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL, JOSEPH J. MALTESE, JJ.
DECISION & JUDGMENT Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent to provide the petitioner with the dates and times of jury duty service for a certain individual.
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.
RIVERA, J.P., BALKIN, LEVENTHAL and MALTESE, JJ., concur.