MATTER OF IBRAHIM v. HOOVLER

2015-09583.

134 A.D.3d 937 (2015)

20 N.Y.S.3d 900

2015 NY Slip Op 09283

In the Matter of LINDA IBRAHIM, Petitioner, v. DAVID M. HOOVLER et al., Respondents.

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

Decided December 16, 2015.


Adjudged that the petition is denied and the proceeding is dismissed on the merits, 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]). The petitioner failed to demonstrate a clear legal right...

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