Narrative Opinion Summary
The petition for a writ of mandamus under CPLR article 78 is denied and the proceeding dismissed without costs. The petitioner sought to compel a Justice of the Supreme Court, Westchester County, to calendar and decide a habeas corpus application. The court ruled that mandamus can only compel the performance of a ministerial act when there is a clear legal right to the relief sought. The petitioner did not establish such a right. Justices Miller, Lawrence, Ritter, and Santucci concurred in the decision.
Legal Issues Addressed
Clear Legal Right Requirementsubscribe to see similar legal issues
Application: In this case, the petitioner failed to establish a clear legal right to compel the court to calendar and decide a habeas corpus application, leading to the denial of the writ.
Reasoning: The petitioner did not establish such a right.
Mandamus under CPLR Article 78subscribe to see similar legal issues
Application: The court determined that a writ of mandamus is appropriate only to compel the performance of a ministerial act where there is a clear legal right to the relief sought.
Reasoning: The court ruled that mandamus can only compel the performance of a ministerial act when there is a clear legal right to the relief sought.