Matter of Zaharatos v. Thomas

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.

*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.