| Matter of Duffy v Rosengarten |
| 2011 NY Slip Op 02389 [82 AD3d 1096] |
| March 22, 2011 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of John R. Duffy, Petitioner, v Roger N. Rosengarten et al., Respondents. |
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Eric T. Schneiderman, Attorney General, New York, N.Y. (Susan Anspach of counsel),
respondent pro se and for respondent Roger N. Rosengarten.
Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Roger N. Rosengarten, a Justice of the Supreme Court, Queens County, to take or to consider taking certain action in connection with an underlying proceeding entitled Matter of Duffy v Holt-Harris, commenced in the Supreme Court, Queens County, under index No. 8050/88.
Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.
The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where 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. Rivera, J.P., Angiolillo, Eng and Sgroi, JJ., concur.