KKP HOLDINGS, LLC v. Russell

Petitioner, a party to an unemployment compensation appeal pending before an appeals referee, seeks mandamus relief in the form of an order directing the referee to rule on its requests concerning discovery and related matters. However, the record furnished to us fails to establish that the relief petitioner seeks below was specifically requested of the appeals referee by appropriate motion filed under the case number assigned to the pending appeal. A necessary prerequisite to obtaining mandamus relief is a showing that the petitioner has made an express, distinct demand for performance of…