Doczy v. Rotker

— 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…