Opinion
June 9, 1997
Appeal from the County Court, Rockland County.
Upon the petition and papers filed in support of the proceeding, and the papers filed in opposition thereto, it is
Ordered that the application for poor person relief 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.
Mangano, P.J., O'Brien, Ritter and McGinity, JJ., concur.