| Matter of Perser v Cacace |
| 2014 NY Slip Op 00228 [113 AD3d 689] |
| January 15, 2014 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Ronald Perser, Petitioner, v Susan Cacace, Respondent. |
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Eric T. Schneiderman, Attorney General, New York, N.Y. (Susan Anspach of
counsel), for respondent.
Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Susan Cacace, a Judge of the County Court, Westchester County, to vacate an order of the same court entered June 28, 2012, which denied the petition to modify the designation of the petitioner as a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), and application by the petitioner for poor person relief.
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,
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., Balkin, Hall and Sgroi, JJ., concur.