Matter of Tarallo v Hyun Chin Kim
2026 NY Slip Op 01973 [248 AD3d 803]
April 1, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
As corrected through Wednesday, June 10, 2026
In the Matter of Lisa Tarallo, Petitioner,
v
Hyun Chin Kim, in Her Official Capacity as Statutory Pistol Licensing Officer Pursuant to Penal Law § 265.00, Respondent.
April 1, 2026
HEADNOTES
Proceeding against Body or Officer — Mandamus
APPEARANCES OF COUNSEL
The Bellantoni Law Firm, PLLC, Scarsdale, NY (Amy L. Bellantoni of counsel), for petitioner.
Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Hyun Chin Kim, a Justice of the County Court, Orange County, to issue a determination on the petitioner's application to amend her pistol licence.
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. Genovesi, J.P., Ford, Voutsinas and Golia, JJ., concur.