General
In the Matter of Karla Vollbehr, Petitioner, v. William J. Kent III, a Justice of the Supreme Court, Suffolk County, et al., Respondents
88 A.D.3d 732930 N.Y.S.2d 469·New York Supreme Court, Appellate Division·2011·NY
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Opinion
In the Matter of Karla Vollbehr, Petitioner, v William J. Kent III, a Justice of the Supreme Court, Suffolk County, et al., Respondents.
[930 NYS2d 469]
[MAJORITY]
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 NY2d 12, 16 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Rivera, J.P, Balkin, Hall and Cohen, JJ., concur.