Matter of Brunson v Lasak

Matter of Brunson v Lasak 2007 NY Slip Op 01563 [37 AD3d 715] February 20, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007

In the Matter of William Brunson, Petitioner,
v
Gregory Lasak, as Justice of the Supreme Court of the State of New York, et al., Respondents.

—[*1] William T. Martin, Brooklyn, N.Y., for petitioner.

Charles N. Walsh, Kew Gardens, N.Y., respondent pro se.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Gregory Lasak, a Justice of the Supreme Court, Queens County, to direct various officials to produce New York City Police Department documents in connection with an action entitled People v Brunson, pending under Queens County indictment No. 1100/05, 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 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. Mastro, J.P., Rivera, Spolzino and Krausman, JJ., concur.