Opinion
July 13, 1998
Motion by the respondents Clerk of County of Queens, Honorable Orin R. Kitzes, and Honorable Frederick D. Schmidt to dismiss the proceeding.
Ordered that the motion for leave to prosecute the proceeding as a poor person is granted; and it is farther,
Ordered that the motion to dismiss the proceeding is 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.
Rosenblatt, J. P., O'Brien, Krausman and Goldstein, JJ., concur.