Opinion
No. 2011-02336.
March 22, 2011.
Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel Frank A. Gulotta, Jr., a Justice of the Supreme Court, Nassau County, to "discharge" the petitioner from a grand jury panel.
ADJUDGED that the petition is denied and the proceeding is dismissed, without costs or disbursements.
Eric T. Schneiderman, Attorney General, New York, N.Y. (Charles F. Sanders of counsel), for respondent.
Before: Mastro, J.P., Florio, Belen and Austin, JJ.
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 when 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.