Hack-Green Pound Ridge Properties, LLC v. Smith (88 A.D.3d 791, 2011)

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. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Skelos, J.P, Balkin, Leventhal and Hall, JJ., concur.