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Matter of Harper v. Angiolillo

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1996
229 A.D.2d 495 (N.Y. App. Div. 1996)

Opinion

July 15, 1996


Motions by the respondents to dismiss the proceeding.

Ordered that the motions are 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 has failed to demonstrate a clear legal right to the relief sought. Bracken, J.P., Thompson, Krausman and Goldstein, JJ., concur.


Summaries of

Matter of Harper v. Angiolillo

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1996
229 A.D.2d 495 (N.Y. App. Div. 1996)
Case details for

Matter of Harper v. Angiolillo

Case Details

Full title:In the Matter of TONY HARPER, Petitioner, v. DANIEL D. ANGIOLILLO, as…

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

Date published: Jul 15, 1996

Citations

229 A.D.2d 495 (N.Y. App. Div. 1996)
646 N.Y.S.2d 276

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