Majority
p. 775In the Matter of John Zaharatos, Petitioner, v Delores J. Thomas, a Justice of the Supreme Court, Kings County, et al., Respondents. [17 NYS3d 650]
Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Delores J. Thomas, a Justice of the Supreme Court, Kings County, to fix an undertaking pursuant to CPLR 5519 (c) .
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.
p. 776
The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where 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 [1981]). The petitioner failed to establish a clear legal right to the relief.
Dillon, J.P., Chambers, Hall and Hinds-Radix, JJ., concur.
Cases cited
- Legal Aid Society of Sullivan County, Inc. v. Scheinman 53 NY2d 12 at 16 p. 776