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In re Lee v. Marrus

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 2010
74 A.D.3d 1206 (N.Y. App. Div. 2010)

Opinion

No. 2010-02577.

June 22, 2010.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Alan D. Marrus, a Justice of the Supreme Court, Kings County, in effect, to vacate an order in an underlying case entitled People v Lee, Indictment No. 5957/03, in the Supreme Court, Kings County, dated September 2, 2008, denying the petitioner's motion, inter alia, to be resentenced, and to grant the motion, and application by the petitioner for poor person relief.

Kareem Lee, Malone, N.Y., petitioner pro se.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Charles F. Sanders of counsel), for respondent.

Before: Prudenti, P.J., Rivera, Balkin and Chambers, 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 where 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

In re Lee v. Marrus

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 2010
74 A.D.3d 1206 (N.Y. App. Div. 2010)
Case details for

In re Lee v. Marrus

Case Details

Full title:In the Matter of KAREEM LEE, Petitioner, v. ALAN D. MARRUS, Respondent

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

Date published: Jun 22, 2010

Citations

74 A.D.3d 1206 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5561
902 N.Y.S.2d 411