| Matter of Grucci v McNulty |
| 2013 NY Slip Op 00487 [102 AD3d 964] |
| January 30, 2013 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Michael Grucci,
Petitioner, v Marion McNulty, Respondent. |
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Eric T. Schneiderman, Attorney General, New York, N.Y. (Anthony J. Tomari of
counsel), for respondent.
Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent, Marion McNulty, a Justice of the Supreme Court, Suffolk County, to sign an order to show cause.
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. Angiolillo, J.P., Dickerson, Miller and Hinds-Radix, JJ., concur.