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MATTER OF SALISBURY v. LAPIDEZ

277 A.D.2d 319 (2000)

715 N.Y.S.2d 667

In the Matter of WILLIAM SALISBURY, Appellant, v. IRENE LAPIDEZ, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 13, 2000.

Ordered that the judgment is affirmed, 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 Kusky v Town of Islip, 266 A.D.2d 460; Matter of Bullion v Safir, 249 A.D.2d 386). Mandamus will not be awarded to compel an act...

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