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MATTER OF WATKINS R. v. BERRY

276 A.D.2d 492 (2000)

714 N.Y.S.2d 95

In the Matter of WATKINS R., Petitioner, v. JEFFREY G. BERRY, as Justice of the Supreme Court of the State of New York, et al., Respondents.

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

Decided October 2, 2000.

Adjudged that the petition is granted, without costs or disbursements, the order dated April 5, 2000, is vacated, and the matter is remitted to the Supreme Court, Orange County, for a rehearing and review before a jury.

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. v Scheinman, 53 N.Y.2d 12...

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