Matter of Needleman v Kelly

Matter of Matter of Needleman v Kelly 2011 NY Slip Op 08599 Decided on November 22, 2011 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 November 22, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
SHERI S. ROMAN, JJ.
2011-08349 DECISION, ORDER & JUDGMENT

[*1]In the Matter of Scott Needleman, et al., petitioners,

v

William A. Kelly, etc., et al., respondents. Scott Needleman and Dorit Needleman, Wesley Hills, N.Y., petitioners pro se.




Eric T. Schneiderman, Attorney General, New York, N.Y.
(Anthony J. Tomari of counsel), for respondent William A. Kelly.
Catalano Gallardo & Petropoulos, LLP, Jericho, N.Y. (Rebecca
J. Waldren of counsel), for respondent
Adolph H. Schreiber Hebrew Academy
of Rockland, Inc.
Proceeding pursuant to CPLR article 78 in the nature of
mandamus to compel the respondent William A. Kelly, a Justice of the
Supreme Court, Rockland County, to "render a determination in the
form of an appealable paper" in connection with an underlying
action entitled Adolph H. Schreiber Hebrew Academy of Rockland,
Inc.v Needleman, pending in the Supreme Court, Rockland
County, under Index No. 966/11. Motion by the respondent Adolph H.
Schreiber Hebrew Academy of Rockland, Inc., to dismiss the
petition.
Upon the petition, and the papers filed in support of the motion
and the papers filed in opposition thereto, it is

ADJUDGED that the petition is denied and the proceeding is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is denied as academic in light of the determination of the petition.

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 petitioners have failed to demonstrate a clear legal right to the relief sought.
RIVERA, J.P., DICKERSON, ENG and ROMAN, JJ., concur.

ENTER: [*2]

Matthew G. Kiernan

Clerk of the Court