MATTER OF MIDGLEY v. GOLDBERG


2 A.D.3d 735 (2003)

768 N.Y.S.2d 624

In the Matter of OWEN MIDGLEY, Petitioner, v. JOEL M. GOLDBERG, Respondent.

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

December 22, 2003.


Ordered that the motion to dismiss the proceeding is granted; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements; and it is further,

Ordered that the motion for a stay is denied as academic.

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 Aid...

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