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Matter of Chiarello v. N.Y. St. Supreme Court

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 613 (N.Y. App. Div. 1996)

Opinion

February 20, 1996

Appeal from the Supreme Court, Kings County.


Upon the petition and papers filed in support of the proceeding and no papers having been filed in opposition thereto, it is

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 has failed to demonstrate a clear legal right to the relief sought. Ritter, J.P., Thompson, Pizzuto and Hart, JJ., concur.


Summaries of

Matter of Chiarello v. N.Y. St. Supreme Court

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 613 (N.Y. App. Div. 1996)
Case details for

Matter of Chiarello v. N.Y. St. Supreme Court

Case Details

Full title:In the Matter of JOHN J. CHIARELLO, Petitioner, v. NEW YORK STATE SUPREME…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 20, 1996

Citations

224 A.D.2d 613 (N.Y. App. Div. 1996)
639 N.Y.S.2d 702