IN RE: Yvette RHEA–BURG (2026)

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

IN RE: Yvette RHEA–BURG, petitioner, v. Betsy Heckman TORRES, etc., respondent.

2026–02681

Decided: August 05, 2026

LARA J. GENOVESI, J.P., PAUL WOOTEN, BARRY E. WARHIT, DONNA–MARIE E. GOLIA, JJ.

Darren V. Ford, Queens Village, NY, for petitioner. Letitia James, Attorney General, New York, N.Y. (Michael A. Berg of counsel), for respondent.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent, S. Betsy Heckman Torres, sued herein as Betsy Heckman Torres, a Justice of the Supreme Court, Suffolk County, to determine a certain motion in an action entitled Mortgage Assets Management, LLC v Moore, pending in the Supreme Court, Suffolk County, under Index No. 602188/19.

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 are without merit.

GENOVESI, J.P., WOOTEN, WARHIT and GOLIA, JJ., concur.

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