In the Matter of Ford v. Schulman, 2005-02096.

• Decision Date: 27 June 2005
• Docket Number: 2005-02096.
• Citation: 797 N.Y.S.2d 291,19 A.D.3d 693,2005 NY Slip Op 05596
• Parties: In the Matter of GLADSTONE FORD, Petitioner, v. MARTIN J. SCHULMAN, as Justice of the Supreme Court of the State of New York, Respondent.
• Court: New York Supreme Court — Appellate Division

19 A.D.3d 693

797 N.Y.S.2d 291

2005 NY Slip Op 05596

In the Matter of GLADSTONE FORD, Petitioner, v. MARTIN J. SCHULMAN, as Justice of the Supreme Court of the State of New York, Respondent.

2005-02096.

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 27, 2005.

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent to grant the petitioner's motion in an underlying foreclosure action, among other things, to dismiss the complaint in that action.

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 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 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought.

Florio, J.P., Adams, Mastro and Lifson, JJ., concur.