| Matter of Wiscovitch v Gulotta |
| 2011 NY Slip Op 02405 [82 AD3d 1110] |
| March 22, 2011 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Vincent J. Wiscovitch, Petitioner, v Frank A. Gulotta, Jr., Respondent. |
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Eric T. Schneiderman, Attorney General, New York, N.Y. (Charles F. Sanders of counsel),
for respondent.
Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel Frank A. Gulotta, Jr., a Justice of the Supreme Court, Nassau County, to "discharge" the petitioner from a grand jury panel.
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. Mastro, J.P., Florio, Belen and Austin, JJ., concur.