Narrative Opinion Summary
A proceeding was initiated under CPLR article 78 seeking a writ of mandamus to compel Justice Marvin I. Goodman to release a presentence report from the Nassau County Probation Department. Justice Goodman filed a motion to dismiss the proceeding. The court granted the motion to dismiss and denied the petition, concluding that the petitioner did not establish a clear legal right to the requested relief. The court emphasized that mandamus can only compel the performance of a ministerial act when there is a clear legal right. The decision was concurred by Justices Mangano, Rosenblatt, Sullivan, and Hart, and no costs or disbursements were awarded.
Legal Issues Addressed
Judicial Concurrence and Costssubscribe to see similar legal issues
Application: The decision was unanimously agreed upon by the sitting justices, and no costs or disbursements were awarded in this case.
Reasoning: The decision was concurred by Justices Mangano, Rosenblatt, Sullivan, and Hart, and no costs or disbursements were awarded.
Mandamus Relief Requirementssubscribe to see similar legal issues
Application: The court determined that the petitioner did not meet the requirements for a writ of mandamus because they failed to demonstrate a clear legal right to the relief sought.
Reasoning: The court granted the motion to dismiss and denied the petition, concluding that the petitioner did not establish a clear legal right to the requested relief.
Scope of Mandamussubscribe to see similar legal issues
Application: The court highlighted that mandamus is applicable only to compel the performance of a ministerial act when a clear legal right is present.
Reasoning: The court emphasized that mandamus can only compel the performance of a ministerial act when there is a clear legal right.