From Casetext: Smarter Legal Research

Pettus v. Mangano

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 2010
78 A.D.3d 1057 (N.Y. App. Div. 2010)

Opinion

No. 2010-06676.

November 23, 2010.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, a Justice of the Supreme Court, Kings County, to determine certain motions allegedly made in a case entitled People v Pettus, pending in that court under indictment No. 6013/02, and application by the petitioner to prosecute the proceeding as a poor person.

James Pettus, Pine City, N.Y., petitioner pro se.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Charles F. Sanders of counsel), for respondent.

Before: Rivera, J.P., Angiolillo, Chambers and Austin, JJ.


Ordered that the application to prosecute the proceeding as a poor person is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied as academic; and it is further,

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 Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16).

The petitioner has failed to demonstrate a clear legal right to the relief sought.


Summaries of

Pettus v. Mangano

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 2010
78 A.D.3d 1057 (N.Y. App. Div. 2010)
Case details for

Pettus v. Mangano

Case Details

Full title:In the Matter of JAMES PETTUS, Petitioner, v. GUY JAMES MANGANO, JR…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 23, 2010

Citations

78 A.D.3d 1057 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 8736
910 N.Y.S.2d 917