Opinion
October 2, 1995
Motion by the respondent to dismiss the proceeding.
Upon the petition and papers filed in support of the proceeding and the papers filed in opposition thereto and in support of the motion, 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 when there exists a clear legal right to the relief sought (see, Matter of Legal Aid Socy. v. Scheinman, 53 N.Y.2d 12, 16). The petitioner in this case has failed to demonstrate a clear legal right to the relief sought. Sullivan, J.P., Rosenblatt, Thompson and Ritter, JJ., concur.