Matter of Sobel v Ross
2011 NY Slip Op 01854 [82 AD3d 900]
March 8, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


In the Matter of Gail Sobel, Petitioner,
v
Robert A. Ross et al., Respondents.

—[*1] Douglas M. Reda, Woodbury, N.Y., for petitioner. Eric T. Schneiderman, Attorney General, New York, N.Y. (Susan Anspach of counsel), for respondent Robert A. Ross. Wand, Powers & Goody, LLP, Huntington, N.Y. (Jennifer H. Goody of counsel), for respondent Mark B. Lew.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Robert A. Ross, a Justice of the Supreme Court, Nassau County, to transfer the venue of an action entitled Sobel v Sobel, pending in the Supreme Court, Nassau County, under index No. 008596/03, from Nassau County to Queens County.

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. Angiolillo, J.P., Florio, Hall and Miller, JJ., concur.