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McFadden v Sassower
2010 NY Slip Op 50317(U) [26 Misc 3d 141(A)]
Decided on February 23, 2010
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected in part through March 5, 2010; it will not be published in the printed Official Reports.


Decided on February 23, 2010
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., MOLIA and IANNACCI, JJ
2009-148 W C.

John McFadden, Respondent,

against

Doris L. Sassower, Tenant, and Elena Sassower, Appellant. -

PATRICIA LUPI, Non-party Respondent.



Appeal from an order of the City Court of White Plains, Westchester County (JoAnn Friia, J.), dated October 14, 2008. The order, among other things, denied appellant's motion to compel Patricia Lupi, the Chief Clerk of the City Court of White Plains to perform various official duties.


ORDERED that the order is affirmed with $10 costs.

Appellant moved for, among other things, an order compelling the Chief Clerk of the City Court of White Plains to discharge certain official duties. As noted by the City Court, the relief sought was in the nature of mandamus under article 78 of the CPLR, and the court was without jurisdiction to entertain appellant's application (CPLR 7804 [b]). We find no merit to appellant's request for a referral of the matter for "disciplinary and criminal investigation." Accordingly, the order is affirmed.

Molia and Iannacci, JJ., concur.

Nicolai, P.J., taking no part.
Decision Date: February 23, 2010