Green v. Sammarco, 33 A.D.3d 1000 (N.Y. App. Div. 2006). · Go Syfert
Search
Green v. Sammarco, 33 A.D.3d 1000 (N.Y. App. Div. 2006). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: Haverstraw Village Policemen's Benevolent Ass'n v. Town of Haverstraw (nyappdiv, 2007-06-26)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Haverstraw Village Policemen's Benevolent Ass'n v. Town of Haverstraw
N.Y. App. Div. · 2007 · confidence medium
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” (Matter of Green v Sammarco, 33 AD3d 1000, 1000 [2006]; see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]; Matter of O’Connor v Modica, 33 AD3d 1007, 1008 [2006]; Matter of Reden v Nassau County Civ.
Retrieving the full opinion text from the archive…
In the Matter of Nadene Green
v.
Valentino T. Sammarco, as Acting Judge of the Dutchess County Court
Appellate Division of the Supreme Court of the State of New York.
Oct 31, 2006.
33 A.D.3d 1000
Cited by 1 opinion  |  Published

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Valentino T. Sammarco, an Acting Judge of the County Court, Dutchess County, to vacate an order of that court dated August 10, 2005, in an action entitled People v Green pending under indictment No. 92-00075, and application by the petitioner for poor person relief.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

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 Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Miller, J.P, Krausman, Spolzino and Lifson, JJ., concur.