Narrative Opinion Summary
A CPLR article 78 proceeding was initiated to compel respondents to stop all actions related to the pending case in the Supreme Court, Queens County, under Indictment No. 4457/95 (People v Isador Adams). The court denied the petition and dismissed the proceeding, ruling that the extraordinary remedy of mandamus is applicable only for the enforcement of a ministerial act when there is a clear legal right to the requested relief. The petitioner did not establish such a right, leading to the dismissal. Justices Bracken, Thompson, Goldstein, and McGinity concurred with the decision. No costs or disbursements were awarded.
Legal Issues Addressed
Establishment of Clear Legal Rightsubscribe to see similar legal issues
Application: The petitioner failed to demonstrate a clear legal right to the relief sought, which led to the dismissal of the proceeding.
Reasoning: The petitioner did not establish such a right, leading to the dismissal.
Mandamus Relief under CPLR Article 78subscribe to see similar legal issues
Application: The court determined that mandamus relief is appropriate only to enforce a ministerial act where there is a clear legal right to the relief sought.
Reasoning: The court denied the petition and dismissed the proceeding, ruling that the extraordinary remedy of mandamus is applicable only for the enforcement of a ministerial act when there is a clear legal right to the requested relief.