Matter of Clarke v Chun

Matter of Clarke v Chun 2016 NY Slip Op 03172 Decided on April 27, 2016 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 27, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
2015-05848 DECISION, ORDER & JUDGMENT

[*1]In the Matter of Draxel Clarke, respondent,

v

Danny K. Chun, etc., respondent.

Draxel Clarke, Brooklyn, NY, petitioner pro se.

John W. McConnell, Albany, NY (Lee Alan Adlerstein of counsel), for respondent.

Eric T. Schneiderman, Attorney General, New York, NY (Dennis A. Rambaud of counsel), nonparty pro se.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Danny K. Chun, a Justice of the Supreme Court, Kings County, to provide the petitioner with grand jury minutes in connection with his ongoing prosecution by the New York State Attorney General under Kings County Indictment No. 9324/14, and application by the petitioner for poor person relief.

ORDERED that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied; and it is further,

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 NY2d 12, 16). The petitioner has failed to demonstrate a clear legal right to the relief sought.

RIVERA, J.P., DILLON, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court