MATTER OF WEAVER v. COHEN

2021-03258.

197 A.D.3d 1178 (2021)

151 N.Y.S.3d 639

2021 NY Slip Op 04977

In the Matter of Everette Weaver, Petitioner, v. Devin P. Cohen, a Justice of the Supreme Court, Kings County, Respondent.

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

Decided September 15, 2021.


Attorney(s) appearing for the Case

Everette Weaver, Hopewell Junction, NY, petitioner pro se.

Letitia James , Attorney General, New York, NY ( James B. Cooney of counsel), for respondent.

Chambers, J.P., Miller, Wooten and Zayas, 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 has failed to demonstrate a clear legal...

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