Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Matter of Zaharatos v. Thomas
Citations: 132 A.D.3d 775; 17 N.Y.S.3d 650Docket: 2015-07067
Court: Appellate Division of the Supreme Court of the State of New York; October 14, 2015; New York; State Appellate Court
Original Court Document: View Document
In the case of Matter of Zaharatos v. Thomas, the Appellate Division of the Supreme Court of New York, Second Department, adjudicated a proceeding under CPLR article 78, seeking to compel Justice Delores J. Thomas to fix an undertaking as mandated by CPLR 5519(c). The court ruled that the petition was denied and the proceeding dismissed without costs or disbursements. The court emphasized that mandamus is an extraordinary remedy available only to compel the performance of a ministerial act when there is a clear legal right to the relief sought. The petitioner, John Zaharatos, did not demonstrate such a clear legal right, leading to the dismissal of his petition. The decision was concurred by Justices Dillon, Chambers, Hall, and Hinds-Radix.