IN RE: Yashua Ank Bey El (2026)

DECISION & JUDGMENT

G/

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Anne Swern, a Justice of the Supreme Court, Kings County, to sign a proposed order to show cause in an action entitled Citimortgage, Inc. v. Bey El, pending in that court under Index No. 506724/25.

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 v Scheinman, 53 N.Y.2d 12, 16).  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., FORD, VOUTSINAS and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court