Matter of Palumbo v Nassau County Supreme Ct.

Matter of Palumbo v Nassau County Supreme Ct. 2006 NY Slip Op 07357 [33 AD3d 704] October 10, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 13, 2006

In the Matter of Robert Palumbo, Petitioner,
v
Nassau County Supreme Court et al., Respondents.

—[*1]Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondents "to immediately set a sum certain according to the terms of prior judgments and orders" entered in an action entitled Palumbo v Palumbo pending in the Supreme Court, Nassau County, under index No. 97-024096.

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 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. Spolzino, J.P., Skelos, Fisher and Dillon, JJ., concur.