MATTER OF SEIDLER v. ASH

2016-13200.

149 A.D.3d 845 (2017)

2017 NY Slip Op 02796

49 N.Y.S.3d 915

In the Matter of STEVEN SEIDLER et al., Petitioners, v. SYLVIA G. ASH, a Justice of the Supreme Court, Kings County, et al., Respondents.

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

Decided April 12, 2017.


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 petitioners have failed to demonstrate a clear legal...

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