MATTER OF WEAVER v. ROSA

2016-13098.

148 A.D.3d 1164 (2017)

2017 NY Slip Op 02435

49 N.Y.S.3d 309

In the Matter of EVERETTE WEAVER, Petitioner, v. MARIA G. ROSA, a Justice of the Supreme Court, Dutchess County, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 29, 2017.


Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is denied; and it is further,

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...

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