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MATTER OF DOSCHER v. ZIMMERMAN

2012-01438.

96 A.D.3d 939 (2012)

946 N.Y.S.2d 498

2012 NY Slip Op 4998

In the Matter of DREW DOSCHER, Petitioner, v. HOPE SCHWARTZ ZIMMERMAN et al., Respondents.

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

June 20, 2012.

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 where there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 N.Y.2d 12, 16 [1981]). Under the circumstances presented in this proceeding, the petitioner...

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