IN RE: Yashua Ank BEY EL (2026)

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

IN RE: Yashua Ank BEY EL, etc., Petitioner, v. Francois A. RIVERA, etc., Respondent.

2026–01243

Decided: July 01, 2026

COLLEEN D. DUFFY, J.P., JANICE A. TAYLOR, LOURDES M. VENTURA, ELENA GOLDBERG VELAZQUEZ, JJ.

Yashua Ank Bey El, Brooklyn, NY, petitioner pro se. Letitia James, Attorney General, New York, NY (Anjali Bhat of counsel), for respondent.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Francois A. Rivera, 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 NY2d 12, 16). The petitioner has failed to demonstrate a clear legal right to the relief sought.

The petitioner's remaining contentions are without merit.

DUFFY, J.P., TAYLOR, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.

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