Legal Opinion

Doczy v. Rotker

Appellate Division of the Supreme Court of the State of New York

Decided November 3, 1989PublishedCited by 1 opinion

1Opinion of the Court

— Proceeding pursuant to CPLR article 78, inter alla, to compel the respondent Seymour Rotker, an Acting Justice of the Supreme Court, to permit the petitioner to offer expert psychiatric evidence at his impeding trial in a criminal action under indictment Number 5894/88.

*401Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of mandamus lies to compel the performance of a purely ministerial act where there is a clear legal right to the relief sought (see, Matter of Legal Aid Socy. v Scheinman, 53 NY2d 12, 16). Inasmuch as…

2Cases cited2 opinions

  1. Legal Aid Society of Sullivan County, Inc. v. ScheinmanNew York Court of Appeals · 1981
  2. Lipari v. OwensNew York Court of Appeals · 1987

3Cited by1 opinion

  1. People v. MuccigrossoAppellate Division of the Supreme Court of the State of New York · 2000

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