Sciaraffo v. Kramer — 232 A.D.2d 570

Majority

p. 570

In the Matter of Richard Sciaraffo, Petitioner, v Herbert Kramer, as Justice of the Supreme Court of the State of New York, Respondent.

[648 NYS2d 952]

—Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Justice of the Supreme Court, Kings County, to render a decision on the petitioner’s motion to correct alleged errors in the petitioner’s pre-sentence report.

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 has failed to demonstrate a clear legal right to the relief sought. Mangano, P. J., Rosenblatt, Sullivan and Hart, JJ., concur.

Cases cited

Legal Aid Society of Sullivan County, Inc. v. Scheinman 53 NY2d 12 N.Y. 1981-05-12 at 16 p. 570