General

In the Matter of Vladimir Kirkorov, Petitioner, v. Robert C. McGann et al., Respondents

31 A.D.3d 765818 N.Y.S.2d 492·New York Supreme Court, Appellate Division·2006·NY

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Opinion

In the Matter of Vladimir Kirkorov, Petitioner, v Robert C. McGann et al., Respondents. [818 NYS2d 492] [MAJORITY] Proceeding pursuant to CPLR article 78 in the nature of mandamus, to compel the respondent Robert C. McGann to accept a notice of appearance of Albert Y. Dayan in an action entitled People v Kirkorov, pending in the Supreme Court, Queens County, under indictment No. 2674/03. 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. Luciano, J.P, Rivera, Spolzino and Covello, JJ., concur.