Opinion
2021–01931
05-05-2021
In the Matter of Diane WORD, petitioner, v. Dianne T. RENWICK, etc., et al., respondents.
Diane Word, New York, NY, petitioner pro se. Letitia James, Attorney General, New York, N.Y. (Charles F. Sanders, of counsel), for respondents.
Diane Word, New York, NY, petitioner pro se.
Letitia James, Attorney General, New York, N.Y. (Charles F. Sanders, of counsel), for respondents.
CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, HECTOR D. LASALLE, PAUL WOOTEN, JJ.
DECISION & JUDGMENT
Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondents, Justices of the Supreme Court, Appellate Division, First Judicial Department, to enter a final determination within the meaning of the Constitution in a proceeding entitled People ex rel. Word v. State of New York, commenced in that Court.
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, Inc. 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.
CHAMBERS, J.P., AUSTIN, LASALLE and WOOTEN, JJ., concur.