Appellate Division of the Supreme Court of New York, 2011

Fanning v. Grosso

Fanning v. Grosso
Appellate Division of the Supreme Court of New York · Decided March 29, 2011
82 A.D.3d 1232; 919 N.Y.2d 378
Fanning v. Grosso

Opinion of the Court

*1233The 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]). In addition, “[b]ecause of its extraordinary nature, prohibition is available only when there is a clear legal right, and then only when a court — in cases where judicial authority is challenged — acts or threatens to act either without jurisdiction or in excess of its authorized powers” (Matter of Holtzman v Goldman, 71 NY2d 564, 569 [1988]; see Matter of Rush v Mordue, 68 NY2d 348 [1986]). 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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