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MATTER OF HAVERSTRAW VILLAGE POLICEMEN'S BENEVOLENT ASSOCIATION, INC. v. TOWN OF HAVERSTRAW

41 A.D.3d 847 (2007)

838 N.Y.S.2d 651

In the Matter of HAVERSTRAW VILLAGE POLICEMEN'S BENEVOLENT ASSOCIATION, INC., Appellant, v. TOWN OF HAVERSTRAW et al., Respondents.

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

Decided June 26, 2007.

Ordered that the judgment is affirmed, with costs.

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" (Matter of Green v Sammarco, 33 A.D.3d 1000, 1000 [2006]; see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 N.Y.2d 12, 16 [1981]; Matter of O'Connor...

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