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IN RE: Christopher Saint Jour, petitioner, v. Michael D. Kitsis, etc., respondent.
DECISION & JUDGMENT
M/
Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Michael D. Kitsis, an Acting Justice of the Supreme Court, Kings County, to decide a certain motion in an action entitled People v. Saint–Jour, pending in the Supreme Court, Kings County, under Indictment No. 74917/23.
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). The petitioner has failed to demonstrate a clear legal right to the relief sought.
IANNACCI, J.P., VOUTSINAS, GOLIA and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
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Docket No: 2026–03045
Decided: June 03, 2026
Court: Supreme Court, Appellate Division, Second Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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