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MATTER OF WEINSTEIN v. DiBELLA

2022-01108.

205 A.D.3d 813 (2022)

165 N.Y.S.3d 916

2022 NY Slip Op 03120

In the Matter of Elizabeth Harding Weinstein, Petitioner, v. Robert M. DiBella et al., Respondents.

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

Decided May 11, 2022.

Attorney(s) appearing for the Case

Elizabeth Harding Weinstein, Connecticut, petitioner pro se.

Letitia James , Attorney General, New York, NY ( Amy Luo of counsel), for respondents.

Barros, J.P., Iannacci, Miller and Wooten, 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 when 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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