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Appellate Division of the Supreme Court of New York, 2011

Duffy v. Rosengarten

Duffy v. Rosengarten
Appellate Division of the Supreme Court of New York · Decided March 22, 2011
82 A.D.3d 1096; 919 N.Y.2d 359
Duffy v. Rosengarten

Opinion of the Court

*1097The 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 has failed to demonstrate a clear legal right to the relief sought. Rivera, J.E, Angiolillo, Eng and Sgroi, JJ., concur.

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