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In re Mary Aloisio Furino

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 2010
74 A.D.3d 1340 (N.Y. App. Div. 2010)

Opinion

No. 2010-03631.

June 29, 2010.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent William Erlbaum, a Justice of the Supreme Court, Queens County, to modify a sentence imposed upon nonparty Carmine Furino, which included an order of protection directing him to stay away from the petitioner, by modifying the order of protection to allow Carmine Furino to have contact with the petitioner.

Raymond E. Kerno, Mineola, N.Y., for petitioner.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Roberta L. Martin of counsel), for respondent William Erlbaum.

Before: Dillon, J.P., Balkin, Eng and Chambers, JJ.


Motion by the respondent William Erlbaum, in which the respondent Richard A. Brown joins, to dismiss the petition.

Upon the petition, and the papers filed in support of the motion and the papers filed in opposition thereto, it is,

Ordered that the motion is granted; 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 Mary Aloisio Furino

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 2010
74 A.D.3d 1340 (N.Y. App. Div. 2010)
Case details for

In re Mary Aloisio Furino

Case Details

Full title:In the Matter of MARY ALOISIO FURINO, Petitioner, v. WILLIAM ERLBAUM, as…

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

Date published: Jun 29, 2010

Citations

74 A.D.3d 1340 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5766
903 N.Y.S.2d 255