Fitzgerald v. Blydenburgh — 295 A.D.2d 607

Majority

p. 607

In the Matter of Gerard J. Fitzgerald, Petitioner, v Donald R. Blydenburgh, as Justice of the Supreme Court of the State of New York, et al., Respondents.

[744 NYS2d 890]

—Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Justice of the Supreme Court, Suffolk County, to issue a written decision and order setting forth findings of fact and conclusions of law in an action entitled Fitzgerald v Fitzgerald pending in that court under Index No. 00-12596.

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. of Sullivan County v Scheinman, 53 NY2d 12 , 16). The petitioner has failed to demonstrate a clear legal right to the relief sought. Ritter, J.P., Altman, Feuerstein and Cozier, JJ., concur.

Cases cited

Legal Aid Society of Sullivan County, Inc. v. Scheinman 53 NY2d 12 N.Y. 1981-05-12 at 16 p. 607