Matter of Menard v Gionta

Matter of Menard v Gionta 2007 NY Slip Op 05511 [41 AD3d 721] June 19, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 15, 2007

In the Matter of Gary Menard, Petitioner,
v
Barbara L. Gionta et al., Respondents.

—[*1] William A. Gerard, Palisades, N.Y., for petitioner.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Constantine A. Speres of counsel), for respondents Barbara L. Gionta and Victor J. Alfieri.

Patricia Zugibe, County Attorney, New City, N.Y. (Michael P. O'Connor of counsel), for respondent Charlie Lowther.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to direct the respondents to reinstate the petitioner's pistol license.

Motion by the respondents Barbara L. Gionta and Victor J. Alfieri, and separate motion by the respondent Charlie Lowther, to dismiss the proceeding insofar as asserted against them.

Ordered that the motions are granted; 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. Rivera, J.P., Goldstein, Skelos and Balkin, JJ., concur.