Legal Opinion
Bullion v. Safir
Appellate Division of the Supreme Court of the State of New York
Decided April 13, 1998PublishedCited by 9 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondents to arrest a certain individual, the petitioner appeals from a judgment of the Supreme Court, Queens County (LeVine, J.), dated May 21, 1997, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, 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. v Scheinman, 53 NY2d 12, 16). The…
2Cases cited4 opinions
- Legal Aid Society of Sullivan County, Inc. v. ScheinmanNew York Court of Appeals · 1981
- Matter of Walsh v. LaguardiaNew York Court of Appeals · 1936
- Perazzo v. LindsayAppellate Division of the Supreme Court of the State of New York · 1968
- Perazzo v. LindsayNew York Court of Appeals · 1968
3Cited by9 opinions
- Alliance to End Chickens as Kaporos v. New York City Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2017
- Kusky v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1999
- Leland v. MoranDistrict Court, N.D. New York · 2002
- Matter of Silverman v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 2023
- Horowitz v. New York City Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2011
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