IN RE: Hack–Green Pound Ridge Properties (2011)

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel Mary H. Smith, a Justice of the Supreme Court, Westchester County, to grant a certain motion of the petitioner in an action entitled Hack–Green Pound Ridge Properties, LLC v Liberty Mutual Fire Insurance Company, commenced in the Supreme Court, Westchester County, under Index No. 13979/09.

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 Society 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.

SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court