MATTER OF FRANCOIS v. DOLAN

Appellate Division of the Supreme Court of New York, Second Department.

Jul 12, 1999

Judgment

CaseIQ

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DECISION JUDGMENT

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

"[P]rohibition is available only where 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 Rondon v. Kohm, 229 A.D.2d 395, quoting Matter of Holtzman v. Goldman, 71 N.Y.2d 564, 569). The 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. v. Scheinman, 53 N.Y.2d 12).

The petitioner has failed to demonstrate a clear legal right to the relief sought.