Opinion
2004-02321.
Decided June 21, 2004.
Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Anthony Grosso, a Justice of the Supreme Court, Queens County, to suppress certain evidence in a criminal action entitled People v. Collier, pending in that court under Indictment No. 2652/02, and application by the petitioner for poor person relief.
Maurice Collier, East Elmhurst, N.Y., petitioner pro se.
Eliot Spitzer, Attorney-General, New York, N.Y. (Monica A. Connell of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SANDRA L. TOWNES, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
DECISION, ORDER JUDGMENT
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 when there exists a clear legal right to the relief sought ( see Matter of Legal Aid Society of Sullivan County v. Scheinman, 53 N.Y.2d 12, 16). The petitioner has failed to demonstrate a clear legal right to the relief sought.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.