Appellate Division of the Supreme Court of New York, 2014
Cole v. DeRosa
Cole v. DeRosa
Appellate Division of the Supreme Court of New York · Decided January 22, 2014
113 A.D.3d 765; 978 N.Y.2d 872
Cole v. DeRosa
Opinion of the Court
*766The 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.P., Dillon, Dickerson and Austin, JJ., concur.