Matter of D'Amato v. Lorintz

Matter of D'Amato v Lorintz (2019 NY Slip Op 00592)

Matter of D'Amato v Lorintz

2019 NY Slip Op 00592

Decided on January 30, 2019

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 30, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ALAN D. SCHEINKMAN, P.J.
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
2018-14072

Letitia James, Attorney General, New York, NY (Michael A. Berg of counsel), for respondent.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Joseph H. Lorintz, a Justice of the Supreme Court, Nassau County, to recuse himself from presiding over an action entitled Anonymous-1 v Anonymous-2 , pending in that court under Index No. 202477/17.

ADJUDGED that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

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 Legal Aid Soc'y of Sullivan County, Inc. v Scheinman , 53 NY2d 12, 16). Assuming, without deciding, that this proceeding was appropriately commenced by counsel for the petitioner, the petitioner failed to demonstrate a clear legal right to the relief sought.

SCHEINKMAN, P.J., HINDS-RADIX, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court