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MATTER OF MORSE v. BAILEY-SCHIFFMAN

2016-05973.

142 A.D.3d 1177 (2016)

37 N.Y.S.3d 907

In the Matter of MELODY MORSE, Petitioner, v. LOREN BAILEY-SCHIFFMAN, a Justice of the Supreme Court, Kings County, et al., Respondents.

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

Decided September 28, 2016.

Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 N.Y.2d 12, 16 [1981]). Moreover, "[b]ecause of its extraordinary nature, prohibition...

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