Legal Opinion

Moyse v. Greenberg

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

Decided November 19, 2001PublishedCited by 1 opinion

1Opinion of the Court

—Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Sheldon Greenberg, a Justice of the Supreme Court, Kings County, to issue to the petitioner an amended certificate of relief from disabilities pursuant to Correction Law § 702 to permit him to possess and use a firearm.

Adjudged that the petition is denied and the proceeding is dismissed, 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,…

2Cases cited1 opinion

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

3Cited by1 opinion

  1. Matter of Alatriste v. New York City Dept. of ProbationAppellate Division of the Supreme Court of the State of New York · 2026

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