Deraffele v. Ingrassia — 215 A.D.2d 758

Majority

p. 758

In the Matter of John DeRaffele, Petitioner, v Angelo Ingrassia, as Justice of the Supreme Court of the State of New York, Respondent.

[627 NYS2d 961]

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel Judge Ingrassia to set a final and firm date for a trial of all issues in a matrimonial action under Index No. 17059/ 92.

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. Sullivan, J. P., Rosenblatt, O’Brien and Thompson, JJ., concur.

Cases cited

Legal Aid Society of Sullivan County, Inc. v. Scheinman 53 NY2d 12 N.Y. 1981-05-12 at 16 p. 758