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Supreme Court of the State of New York, Appellate Division, Second Judicial Department

Decided on June 17, 2026

2026-02132 DECISION, ORDER & JUDGMENT

Cheryl E. Chambers, J.P.

William G. Ford

Susan Quirk

Lisa S. Ottley, JJ.

Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of mandamus to compel the respondent Sharon A. Bourne-Clarke, a Justice of the Supreme Court, Kings County, to issue an order transferring all proceedings in a proceeding entitled Matter of Lubrano v Bourne-Clarke, pending in that court under Index No. 520176/25, to this Court pursuant to CPLR 7804(g), and application by the petitioner for a waiver of costs, fees, and expenses.

ORDERED that the application for a waiver of costs, fees, and expenses is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied as academic; and it is further,

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 Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16). The petitioner has failed to demonstrate a clear legal right to the relief sought.

CHAMBERS, J.P., FORD, QUIRK and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

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