Appellate Division of the Supreme Court of New York, 2011
Madden v. Miller
Madden v. Miller
Appellate Division of the Supreme Court of New York · Decided March 1, 2011
82 A.D.3d 771; 917 N.Y.2d 912
Madden v. Miller
Opinion of the Court
*772The 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 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Mastro, J.P, Skelos, Leventhal and Roman, JJ., concur.