IN RE: Gail Sobel (2011)

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

IN RE: Gail Sobel, petitioner, v. Robert A. Ross, etc., et. al, respondents.

2011-00765

Decided: March 08, 2011

DANIEL D. ANGIOLILLO, J.P. ANITA R. FLORIO L. PRISCILLA HALL ROBERT J. MILLER, JJ.

Douglas M. Reda, Woodbury, N.Y., for petitioner. Eric T. Schneiderman, Attorney General, New York, N.Y. (Susan Anspach of counsel), for respondent Robert A. Ross. Wand, Powers & Goody, LLP, Huntington, N.Y. (Jennifer H. Goody of counsel), for respondent Mark B. Lew.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Robert A. Ross, a Justice of the Supreme Court, Nassau County, to transfer the venue of an action entitled Sobel v. Sobel, pending in the Supreme Court, Nassau County, under Index No. 008596/03, from Nassau County to Queens County.

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

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when 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.

ANGIOLILLO, J.P., FLORIO, HALL and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law