83 A.D.3d 1083 921 N.Y.S.2d 546

In the Matter of Marianne Rosner, Petitioner, v Supreme Court of Nassau County et al., Respondents.

[921 NYS2d 546]

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel Robert A. Ross, a Justice of the Supreme Court, Nassau County, to require the respondent Stanley Gartenstein, a Judicial Hearing Officer in the Supreme Court, Nassau County, to proceed with the trial in a matter entitled Rosner v Rosner pending in that court under index No. 201865/06.

Adjudged that the petition is denied and the proceeding is dismissed, 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 NY2d 12, 16 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Dillon, J.P., Leventhal, Chambers and Roman, JJ., concur.

Rosner v. Supreme Court
83 A.D.3d 1083 921 N.Y.S.2d 546

Case Details

Name
Rosner v. Supreme Court
Decision Date
Apr 26, 2011
Citations

83 A.D.3d 1083

921 N.Y.S.2d 546

Jurisdiction
New York

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