¶1*766The 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., Dillon, Dickerson and Austin, JJ., concur.
113 A.D.3d 765
Cole v. DeRosa
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 2014
Appellate Division of the Supreme Court of the State of New York · decided 2014-01-22
Decided 2014-01-22