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 Madden v. Balter
Citation: 2019 NY Slip Op 8677Docket: 2019-07866
Court: Appellate Division of the Supreme Court of the State of New York; December 3, 2019; New York; State Appellate Court
Original Court Document: View Document
In the Matter of Madden v. Balter, decided on December 4, 2019, the Appellate Division of the Supreme Court of New York addressed a petition filed by Edwin Madden, Jr. against Justice Bruce M. Balter. Madden sought a writ of mandamus to compel Justice Balter to consider an addendum to his motion under CPL 440.10 in an ongoing criminal case (People v. Madden, Indictment No. 2879/92) and requested poor person relief. The court granted the application for poor person relief by waiving the filing fee required by CPLR 8022(b) but denied the remainder of the application as academic. Ultimately, the petition was denied, and the proceeding was dismissed on its merits. The court emphasized that the extraordinary remedy of mandamus is only appropriate to compel a ministerial act when there is a clear legal right to the requested relief, which the petitioner failed to demonstrate. Justices Mastro, Chambers, Maltese, and Christopher concurred in the decision.