Matter of Leo v Fox-McDonough
2026 NY Slip Op 02268 [248 AD3d 1037]
April 15, 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 Nicholas Leo, Jr., Petitioner,
v
Elizabeth Fox-McDonough, as Justice of the Supreme Court of the State of New York, Nassau County, Respondent.
April 15, 2026
HEADNOTES
Proceeding against Body or Officer — Mandamus
APPEARANCES OF COUNSEL
Nicholas Leo, Jr., Yonkers, NY, petitioner pro se.
Letitia James, Attorney General, New York, NY (Matthew W. Henry of counsel), for respondent.
Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of mandamus to compel the respondent, Elizabeth Fox-McDonough, a Justice of the Supreme Court, Nassau County, to decide certain motions in an action entitled Buonocore v Leo, pending in the Supreme Court, Westchester County, under index No. 69368/24.
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. Dillon, J.P., Wooten, Ventura and Ottley, JJ., concur.