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MATTER OF MORRISON v. HYNES

2009-06831.

82 A.D.3d 772 (2011)

917 N.Y.S.2d 908

In the Matter of SCOTTIE MORRISON, Appellant, v. CHARLES J. HYNES et al., Respondents.

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

Decided March 1, 2011.

Ordered that the judgment is affirmed, without costs or disbursements.

The extraordinary remedy of a writ of mandamus is available in limited circumstances only to compel the performance of a purely ministerial act which does not involve the exercise of official discretion or judgment, and only when a clear legal right to the relief sought has been demonstrated (see Klostermann v Cuomo, 61 N.Y.2d 525, 537 [1984];

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