| Matter of Silvera v Janowitz |
| 2014 NY Slip Op 00230 [113 AD3d 691] |
| January 15, 2014 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Daniel Silvera,
Petitioner, v Norman Janowitz et al., Respondents. |
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Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael J. Siudzinski of
counsel), for respondents Norman Janowitz and Jeffrey A. Goodstein.
Anthony A. Capetola, Williston Park, N.Y., for respondent Rebecca
Chusid.
Proceeding pursuant to CPLR article 78, in effect, in the nature of mandamus, inter alia, to compel the respondent Norman Janowitz, a Justice of the Supreme Court, Nassau County, to transfer venue of an action entitled Chusid v Silvera, pending in the Supreme Court, Nassau County, under index No. 200102/11, from Nassau County to New York County.
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 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. Mastro, J.P., Lott, Sgroi and Miller, JJ., concur.