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Matter of Sommer v. Corso

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1995
217 A.D.2d 553 (N.Y. App. Div. 1995)

Opinion

July 3, 1995


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. Sullivan, J.P., O'Brien, Thompson and Santucci, JJ., concur.


Summaries of

Matter of Sommer v. Corso

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1995
217 A.D.2d 553 (N.Y. App. Div. 1995)
Case details for

Matter of Sommer v. Corso

Case Details

Full title:In the Matter of SAMUEL L. SOMMER, Petitioner, v. ANTHONY R. CORSO, as…

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

Date published: Jul 3, 1995

Citations

217 A.D.2d 553 (N.Y. App. Div. 1995)
628 N.Y.S.2d 592