Opinion
2022-00660
02-02-2022
In the Matter of Yvette Garcia, et al., petitioners, v. Lawrence S. Knipel, etc., respondent.
Mobilization For Justice, Inc., New York, NY (Tiffany A. Liston, Belinda Luu, and Michael Litrownik of counsel), for petitioners. Eileen D. Millett, New York, NY (Pedro Morales of counsel), for respondent.
Mobilization For Justice, Inc., New York, NY (Tiffany A. Liston, Belinda Luu, and Michael Litrownik of counsel), for petitioners.
Eileen D. Millett, New York, NY (Pedro Morales of counsel), for respondent.
BETSY BARROS, J.P. REINALDO E. RIVERA JOSEPH J. MALTESE WILLIAM G. FORD, JJ.
DECISION & JUDGMENT
Proceeding pursuant to CPLR article 78 in the nature of mandamus and, in effect, prohibition, inter alia, to compel the respondent, Lawrence S. Knipel, a Justice of the Supreme Court, Kings County, to comply with the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, chapter 417 of the Laws of 2021, and Administrative Order 262/21 of the Chief Administrative Judge of the Courts, and to prohibit the respondent from requiring certain appearances in residential mortgage foreclosure actions and from holding nonappearing defendants in default.
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). "Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court-in cases where judicial authority is challenged-acts or threatens to act either without jurisdiction or in excess of its authorized powers" (Matter of Holtzman v. Goldman, 71 N.Y.2d 564, 569; see Matter of Rush v. Mordue, 68 N.Y.2d 348, 352). The petitioners have failed to demonstrate a clear legal right to the relief sought.
BARROS, J.P., RIVERA, MALTESE and FORD, JJ., concur.