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MATTER OF ZAHARATOS v. THOMAS

2015-07067.

132 A.D.3d 775 (2015)

17 N.Y.S.3d 650

2015 NY Slip Op 07514

In the Matter of JOHN ZAHARATOS, Petitioner, v. DELORES J. THOMAS, a Justice of the Supreme Court, Kings County, et al., Respondents.

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

Decided October 14, 2015.

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Delores J. Thomas, a Justice of the Supreme Court, Kings County, to fix an undertaking pursuant to CPLR 5519 (c).

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...

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