IN RE: Sherri ANTWINE (2023)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Sherri ANTWINE, etc., petitioner, v. Lance EVANS, etc., et al., respondents.

2023–04631

Decided: August 02, 2023

ANGELA G. IANNACCI, J.P., JOSEPH J. MALTESE, HELEN VOUTSINAS, JANICE A. TAYLOR, JJ.

Biolsi Law Group, P.C., New York, NY (Steven Alexander Biolsi of counsel), for petitioner. Letitia James, Attorney General, New York, NY (Elizabeth A. Figueira of counsel), for respondent Lance Evans.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Lance Evans, a Justice of the Supreme Court, Queens County, to sign an order to show cause in an action entitled Wilmington Trust, National Association v Rice, pending in that court under Index No. 709829/14.

ADJUDGED that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County, Inc. v. Scheinman, 53 N.Y.2d 12, 16, 439 N.Y.S.2d 882, 422 N.E.2d 542). The petitioner has failed to demonstrate a clear legal right to the relief sought.

IANNACCI, J.P., MALTESE, VOUTSINAS and TAYLOR, JJ., concur.

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