Cardona v. Ingrassia — 261 A.D.2d 543

Majority

p. 543

In the Matter of Angel Cardona, Petitioner, v Angelo J. Ingrassia, as Justice of the Supreme Court of the State of New York, Respondent.

[688 NYS2d 907]

—Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent to provide him with a copy of the felony complaint, omnibus motion, and indictment in the matter entitled People v Cardona pending in the County Court, Westchester County, under Indictment No. 91-01203, and application for poor person relief.

Ordered that the application is granted; and it is further,

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. Bracken, J. P., Santucci, McGinity and Feuerstein, JJ., concur.

Cases cited

Legal Aid Society of Sullivan County, Inc. v. Scheinman 53 NY2d 12 N.Y. 1981-05-12 at 16 p. 543