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Rogers v. Marrus

210 A.D.2d 486 Court N.Y. App. Div. Decision date 1994-12-27 English

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p. 486
In the Matter of Walter Rogers, Petitioner, v Alan Marrus et al., Respondents.
[620 NYS2d 1007]

—Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the . respondent Justice to dismiss Kings County Indictment No. 27Í6/94.

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 NY2d 12 , 16). The petitioner here has failed to demonstrate a clear legal right to the relief sought. O’Brien, J. P., Hart, Goldstein and Florio, JJ., concur.

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