IN RE: Michele BAUTISTA (2026)

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

IN RE: Michele BAUTISTA, petitioner, v. Cheryl A. JOSEPH, et al., respondents.

2026–02953

Decided: July 08, 2026

MARK C. DILLON, J.P., HELEN VOUTSINAS, LAURENCE L. LOVE, ELENA GOLDBERG VELAZQUEZ, JJ.

Peraino & Buckshaw, PLLC, Uniondale, N.Y. (Nicholas Buckshaw of counsel), for petitioner. Letitia James, Attorney General, New York, N.Y. (Adam Yefet of counsel), for respondents Cheryl A. Joseph and Andrew A. Crecca. Wenz Law Firm, P.C, Islandia, N.Y. (Marilyn J. Wenz of counsel), for respondent Matthew Bautista.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Cheryl A. Joseph, a Justice of the Supreme Court, Suffolk County, to issue certain orders in an action entitled Bautista v. Bautista, pending in that court under Index No. 613252/20, and to stay trial in that action pending hearing and determination of this proceeding.

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, 439 N.Y.S.2d 882, 422 N.E.2d 542). The petitioner has failed to demonstrate a clear legal right to the relief sought.

The petitioner's remaining contentions either need not be reached in light of our determination or are without merit.

DILLON, J.P., VOUTSINAS, LOVE and GOLDBERG VELAZQUEZ, JJ., concur.

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Out of date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!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network