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MATTER OF G.S. v. DIAMOND

2019-07068.

175 A.D.3d 1536 (2019)

106 N.Y.S.3d 917

2019 NY Slip Op 06775

In the Matter of G.S., Petitioner, v. Arthur Diamond et al., Respondents.

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

Decided September 25, 2019.

Attorney(s) appearing for the Case

G. S., Jericho, NY, petitioner pro se.

Letitia James , Attorney General, New York, NY ( Monica Hanna of counsel), for respondents Arthur Diamond and Norman St. George.

John W. McConnell , New York, NY ( Sandra H. Irby of counsel), for respondents Supreme Court of the State of New York, in and for Nassau County, Maureen O'Connell, Clerk of the Court, Matrimonial Part, Nassau County, and New York State Office of Court Administration.

Balkin, J.P., Leventhal, Miller and Christopher, JJ., concur.

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...

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