IN RE: Karla Vollbehr (2011)

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

IN RE: Karla Vollbehr, petitioner, v William J. Kent III, etc., et al., respondents. John Ray, Miller Place, N.Y.,

2011–07997

Decided: October 04, 2011

REINALDO E. RIVERA, J.P. RUTH C. BALKIN L. PRISCILLA HALL JEFFREY A. COHEN, JJ.

for petitioner. Eric T. Schneiderman, Attorney General, New York, N.Y. (Anthony J. Tomari of counsel), for respondent William J. Kent III.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78, in effect, in the nature of mandamus, inter alia, to compel William J. Kent III, a Justice of the Supreme Court, Suffolk County, to recuse himself from presiding over an action entitled Vollbehr v. Martone, pending in the Supreme Court, Suffolk County, under Index No. 13217/11.

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 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.

RIVERA, J.P., BALKIN, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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