MATTER OF JOHN WESLEY UNITED METHODIST CHURCH v. BAILY-SCHIFFMAN

2019-06375.

176 A.D.3d 709 (2019)

107 N.Y.S.3d 722

2019 NY Slip Op 07070

In the Matter of John Wesley United Methodist Church, Petitioner, v. Loren Baily-Schiffman et al., Respondents.

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

Decided October 2, 2019.


Attorney(s) appearing for the Case

Kaufman Dolowich & Voluck, LLP, New York, NY ( Kevin J. Windels of counsel), for petitioner.

Letitia James , Attorney General, New York, NY ( Charles F. Sanders of counsel), for respondent Loren Baily-Schiffman.

Goldberg Weg & Markus PLLC, New York, NY ( Steven A. Weg of counsel), for respondent Aquelina Equities, LLC.

Mastro, J.P., Roman, Connolly and Iannacci, 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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