—[*1] De Andre Williams, Malone, N.Y., petitioner pro se.

Janet DiFiore, District Attorney, White Plains, N.Y. (Adrienne M. Chapoulie and Robert K. Sauer of counsel), respondent pro se.

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Barbara Zambelli, a Justice of the County Court, Westchester County, to entertain the petitioner's motion pursuant to CPL article 440 to vacate a judgment of the same court rendered December 11, 2000 (People v Williams, 278 AD2d 348 [2000], cert denied 534 US 847 [2000]), under indictment No. 97-01571, without requiring him to seek permission for leave to file such a motion, and application by the petitioner for poor person relief. Cross motion by the respondent Janet DiFiore to dismiss the proceeding and to impose sanctions upon the petitioner.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

Ordered that the branch of the cross motion which is to dismiss the proceeding is granted, and the cross motion is otherwise denied; and it is further,

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 failed to demonstrate a clear legal right to the relief sought. Rivera, J.P., Florio, Chambers and Cohen, JJ., concur.