Opinion
June 26, 1996
Appeal from the County Court, Nassau County.
Application by the respondent District Attorney 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 application, it is
Ordered that the application is granted; and it is further,
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements; and it is further,
Ordered that the temporary restraining order contained in the order to show cause dated June 24, 1996, is vacated forthwith.
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 has failed to demonstrate a clear legal right to the relief sought. Mangano, P.J., Balletta, Sullivan, Copertino and Pizzuto, JJ., concur.