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MATTER OF HOSPITAL FOR JOINT DISEASES v. MURPHY

284 A.D.2d 534 (2001)

727 N.Y.S.2d 327

In the Matter of HOSPITAL FOR JOINT DISEASES et al., Respondents, v. KAREN V. MURPHY, Appellant.

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

Decided June 25, 2001.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

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, Klostermann v Cuomo, 61 N.Y.2d 525). The petitioners failed to identify any statutory duty that the appellant failed to perform which...

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