MATTER OF HAMMOND v. DeLURY


208 A.D.2d 836 (1994)

618 N.Y.S.2d 562

In the Matter of Richard Hammond, Petitioner, v. John J. DeLury, Respondent

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

October 24, 1994


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

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The 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...

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