Matter of Meltzer v Ross
2008 NY Slip Op 02845 [49 AD3d 881]
March 25, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


In the Matter of Stuart Meltzer, Petitioner,
v
Robert Ross, as Justice of the Supreme Court of the State of New York, et al., Respondents.

—[*1] Stuart Meltzer, Brooklyn, N.Y., petitioner pro se.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Monica A. Connell of counsel), for respondent Robert Ross.

James E. Flood, Jr., Massapequa, N.Y., respondent pro se.

Karen G. Brand, Manhasset, N.Y., for respondent Pamela Meltzer. Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel Robert Ross, a Justice of the Supreme Court, Nassau County, to allow the petitioner, who is represented by an attorney, to present portions of his case pro se in an action entitled Meltzer v Meltzer, pending in the Supreme Court, Nassau County, under index No. 203425/05.

Adjudged that the petition is denied and the proceeding is dismissed, 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. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought (see People v Rodriguez, 95 NY2d 497, 501-502 [2000]). Rivera, J.P., Skelos, Santucci and Leventhal, JJ., concur.