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MATTER OF GEORGE C. v. BRENNAN

2016-09550.

163 A.D.3d 808 (2018)

77 N.Y.S.3d 312

2018 NY Slip Op 05303

In the Matter of George C., Petitioner, v. Michael J. Brennan, a Retired Justice of the Supreme Court, Kings County, et al., Respondents.

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

Decided July 18, 2018.

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 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]). "Because of its extraordinary nature, prohibition is available only...

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