MATTER OF MENARD v. GIONTA


41 A.D.3d 721 (2007)

836 N.Y.S.2d 889

In the Matter of GARY MENARD, Petitioner, v. BARBARA L. GIONTA et al., Respondents.

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

Decided June 19, 2007.


Motion by the respondents Barbara L. Gionta and Victor J. Alfieri, and separate motion by the respondent Charlie Lowther, to dismiss the proceeding insofar as asserted against them.

Ordered that the motions are granted; and it is further,

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...

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