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McFadden v. Sassower

Appellate Term of the Supreme Court of New York, Second Department
Feb 23, 2010
2010 N.Y. Slip Op. 50317 (N.Y. App. Term 2010)

Opinion

2009-148 W C.

Decided February 23, 2010.

Appeal from an order of the City Court of White Plains, Westchester County (JoAnn Friia, J.), dated October 14, 2008. The order, among other things, denied appellant's motion to compel Patricia Lupi, the Chief Clerk of the City Court of White Plains to perform various official duties.

ORDERED that the order is affirmed with $10 costs.

PRESENT: NICOLAI, P.J., MOLIA and IANNACCI, JJ.


Appellant moved for, among other things, an order compelling the Chief Clerk of the City Court of White Plains to discharge certain official duties. As noted by the City Court, the relief sought was in the nature of mandamus under article 78 of the CPLR, and the court was without jurisdiction to entertain appellant's application (CPLR 7804 [b]). We find no merit to appellant's request for a referral of the matter for "disciplinary and criminal investigation." Accordingly, the order is affirmed.

Molia and Iannacci, JJ., concur.


Summaries of

McFadden v. Sassower

Appellate Term of the Supreme Court of New York, Second Department
Feb 23, 2010
2010 N.Y. Slip Op. 50317 (N.Y. App. Term 2010)
Case details for

McFadden v. Sassower

Case Details

Full title:JOHN McFADDEN, Respondent, v. DORIS L. SASSOWER, TENANT, and ELENA…

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

Date published: Feb 23, 2010

Citations

2010 N.Y. Slip Op. 50317 (N.Y. App. Term 2010)
907 N.Y.S.2d 101