| Matter of Schieferstein v Whelan |
| 2026 NY Slip Op 00512 [246 AD3d 743] |
| February 4, 2026 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Carmine Schieferstein,
Petitioner, v Thomas F. Whelan, as Justice of the Supreme Court of the State of New York, Respondent. |
Carmine Schieferstein, Mastic Beach, NY, petitioner pro se.
Letitia James, Attorney General, New York, NY (Charles F. Sanders of counsel), for respondent.
Proceeding against Body or Officer
- Mandamus
- Clear Legal Right
Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Thomas F. Whelan, a Justice of the Supreme Court, Suffolk County, to sign an order to show cause in an action entitled U.S. Bank Natl. Assoc. v Schieferstein, pending in that court under index No. 617683/16, and to stay the sale of the subject property pending hearing and determination of this proceeding.
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.
The petitioner's remaining contentions either need not be reached in light of our determination or are without merit. Barros, J.P., Voutsinas, Golia and Hom, JJ., concur.