IN RE: Nicholas Leo (2026)

DECISION & JUDGMENT

G/

Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of mandamus to compel the respondent, Elizabeth Fox–McDonough, a Justice of the Supreme Court, Nassau County, to decide certain motions in an action entitled Buonocore v. Leo, pending in the Supreme Court, Westchester County, under Index No. 69368/24.

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.

DILLON, J.P., WOOTEN, VENTURA and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court