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J L J Recycling Contractors Corp. v. Hall

287 A.D.2d 630 Court N.Y. App. Div. Decision date 2001-10-22 English

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p. 630
In the Matter of J L J Recycling Contractors Corp., Petitioner, v W. Bromley Hall, as Justice of the Supreme Court of the State of New York, et al., Respondents.
[731 NYS2d 896]

—Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Justice W. Bromley Hall to vacate the dismissal of an action entitled J L J Recycling Contrs. Corp. v Town of Babylon, brought in the Supreme Court, Suffolk County, under Index No. 94/8433.

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. Altman, J. P., S. Miller, McGinity, H. Miller and Crane, JJ., concur.

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