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MATTER OF RICHMOND v. KURTZ

2018-11741.

166 A.D.3d 984 (2018)

86 N.Y.S.3d 756

2018 NY Slip Op 08137

In the Matter of Eric Richmond, Petitioner, v. Donald Scott Kurtz, a Justice of the Supreme Court, Kings County, et al., Respondents.

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

Decided November 28, 2018.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

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

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