Opinion
2017–08759
12-20-2017
In the Matter of Johnathan JOHNSON, etc., petitioner, v. Carmen R. VELASQUEZ, etc., respondent.
Johnathan Johnson, Malone, NY, petitioner pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael J. Siudzinski of counsel), for respondent.
Johnathan Johnson, Malone, NY, petitioner pro se.
Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael J. Siudzinski of counsel), for respondent.
SHERI S. ROMAN, J.P., JOSEPH J. MALTESE, HECTOR D. LASALLE, VALERIE BRATHWAITE NELSON, JJ.
DECISION, ORDER, & JUDGMENT
Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, a Justice of the Supreme Court, Queens County, to decide a motion in an underlying civil action entitled Johnson v. "R" and "C" General Constr. Co., pending in that court under Index No. 20061/12, and application by the petitioner for leave to prosecute the proceeding as a poor person.
ORDERED that the application for leave to prosecute the proceeding as a poor person 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 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 ofLegal Aid Socy. of Sullivan County v. Scheinman, 53 N.Y.2d 12, 16, 439 N.Y.S.2d 882, 422 N.E.2d 542 ). The petitioner has failed to demonstrate a clear legal right to the relief sought.
ROMAN, J.P., MALTESE, LASALLE and BRATHWAITE NELSON, JJ., concur.