MATTER OF RICHARD BULLION v. SAFIR

Ordered that the judgment is affirmed, without costs or disbursements.

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, 16). The petitioner has failed to demonstrate a clear legal right to the relief sought ( see, Matter of Walsh v. LaGuardia, 269 N.Y. 437; Matter of Perazzo v. Lindsay, 30 A.D.2d 179, 180, aff'd 23 N.Y.2d 764).

O'Brien, J.P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.