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MATTER OF NEEDLEMAN v. KELLY

2011-08349.

89 A.D.3d 1029 (2011)

933 N.Y.S.2d 557

2011 NY Slip Op 8599

In the Matter of SCOTT NEEDLEMAN et al., Petitioners, v. WILLIAM A. KELLY et al., Respondents.

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

Decided November 22, 2011.

Upon the petition, and the papers filed in support of the motion and the papers filed in opposition thereto, it is

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

Ordered that the motion is denied as academic in light of the determination of the petition.

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where there exists...

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