¶1Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent to comply with CPL 440.30 (7).
¶2Motion by the respondent to dismiss the proceeding.
¶3Upon the petition and papers filed in support of the proceeding, and the papers filed in opposition thereto and in support of the motion, it is
¶4Ordered that the motion is granted; and it is further,
¶5Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.
¶6The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only when there exists a clear legal right to the relief sought (see, Matter of Legal Aid Socy. v Scheinman, 53 NY2d 12, 16). The petitioner has failed to demonstrate a clear legal right to the relief sought. Mangano, P. J., Ritter, Pizzuto and Santucci, JJ., concur.