¶1*1097The 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.E, Angiolillo, Eng and Sgroi, JJ., concur.
82 A.D.3d 1096
Duffy v. Rosengarten
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 2011
Appellate Division of the Supreme Court of the State of New York · decided 2011-03-22
Decided 2011-03-22