Brusco v. Braun

I would affirm the dismissal of the petition in this CPLR article 78 proceeding seeking to compel the respondent Judge to sign a default judgment in a residential nonpayment proceeding without conducting the inquest scheduled by the Judge.

It must be emphasized that we are dealing here with a proceeding in the nature of mandamus seeking an order directing the Civil Court Judge assigned to this matter to summarily render judgment in favor of the petitioner. The law is clear, and there is no dispute, that "the extraordinary remedy of mandamus is appropriate to enforce the performance of a…