IN RE: Jacques MUNRO (2025)

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Timothy J. Dufficy, a Justice of the Supreme Court, Suffolk County, to comply with a decision and order this Court dated November 22, 2023 (Matter of Munro v. New York City Human Resources Admin., Off. of Child Support Enforcement, 221 A.D.3d 904, 201 N.Y.S.3d 85), which determined an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, entered September 16, 2020.

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.

The petitioner's remaining contentions are without merit.

DILLON, J.P., GENOVESI, GOLIA and HOM, JJ., concur.