| Matter of Hack-Green Pound Ridge Props., LLC v Smith |
| 2011 NY Slip Op 07217 [88 AD3d 791] |
| October 11, 2011 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Hack-Green Pound Ridge Properties, LLC,
Petitioner, v Mary H. Smith, Respondent. |
—[*1]
Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel Mary H. Smith, a Justice of the Supreme Court, Westchester County, to grant a certain motion of the petitioner in an action entitled Hack-Green Pound Ridge Props., LLC v Liberty Mut. Fire Ins. Co., commenced in the Supreme Court, Westchester County, under index No. 13979/09.
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. Skelos, J.P., Balkin, Leventhal and Hall, JJ., concur.