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Matter of Johnson v. Supreme Court, Kings Cty

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 423 (N.Y. App. Div. 1996)

Opinion

February 5, 1996


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 has failed to demonstrate a clear legal right to the relief sought. Pizzuto, J.P., Krausman, Goldstein and Florio, JJ., concur.


Summaries of

Matter of Johnson v. Supreme Court, Kings Cty

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 423 (N.Y. App. Div. 1996)
Case details for

Matter of Johnson v. Supreme Court, Kings Cty

Case Details

Full title:In the Matter of BARRY JOHNSON, Also Known as BRIAN WALKER, Petitioner, v…

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

Date published: Feb 5, 1996

Citations

224 A.D.2d 423 (N.Y. App. Div. 1996)
638 N.Y.S.2d 315