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MATTER OF MURPHY v. CAMACHO

2019-11461.

179 A.D.3d 809 (2020)

113 N.Y.S.3d 907

2020 NY Slip Op 00279

In the Matter of Thomas Murphy, Petitioner, v. Fernando Camacho, a Justice of the Supreme Court, Suffolk County, Respondent.

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

Decided January 15, 2020.

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]). "Because of its extraordinary nature, prohibition is...

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