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Matter of Durio v. Egitto

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 1995
222 A.D.2d 587 (N.Y. App. Div. 1995)

Opinion

December 18, 1995

Appeal from the Supreme Court, Kings County.


Upon the petition and papers filed in support of the proceeding, and the papers 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 here has failed to demonstrate a clear legal right to the relief sought. Mangano, P.J., Bracken, Sullivan and Miller, JJ., concur.


Summaries of

Matter of Durio v. Egitto

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 1995
222 A.D.2d 587 (N.Y. App. Div. 1995)
Case details for

Matter of Durio v. Egitto

Case Details

Full title:In the Matter of LENNY DURIO, Petitioner, v. FRANCIS X. EGITTO, Respondent

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

Date published: Dec 18, 1995

Citations

222 A.D.2d 587 (N.Y. App. Div. 1995)
636 N.Y.S.2d 642