Moyse v. Greenberg
Appellate Division of the Supreme Court of the State of New York
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
- Legal Aid Society of Sullivan County, Inc. v. ScheinmanNew York Court of Appeals · 1981
3Cited by1 opinion
- Matter of Alatriste v. New York City Dept. of ProbationAppellate Division of the Supreme Court of the State of New York · 2026