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 as academic, without costs or disbursements.
The proceeding is academic, since the petitioner's motions have been decided. Moreover, 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...
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