Opinion
2018–10749
02-13-2019
In the Matter of Victor MCKEEVER, Petitioner, v. Theresa K. CORRIGAN, etc., et al., Respondents.
Victor McKeever, East Meadow, NY, petitioner pro se. Letitia James, Attorney General, New York, N.Y. (Charles F. Sanders of counsel), respondent pro se, and for respondent Theresa K. Corrigan.
Victor McKeever, East Meadow, NY, petitioner pro se.
Letitia James, Attorney General, New York, N.Y. (Charles F. Sanders of counsel), respondent pro se, and for respondent Theresa K. Corrigan.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, LEONARD B. AUSTIN, ROBERT J. MILLER, JJ.
DECISION, ORDER & JUDGMENT
ORDERED that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied as academic; and it is further,
ADJUDGED that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.
The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v. Scheinman, 53 N.Y.2d 12, 16, 439 N.Y.S.2d 882, 422 N.E.2d 542 ). The petitioner has failed to demonstrate a clear legal right to the relief sought.
RIVERA, J.P., BALKIN, AUSTIN and MILLER, JJ., concur.