Matter of George v Carroll

Matter of George v Carroll 2013 NY Slip Op 05902 Decided on September 18, 2013 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 September 18, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
2013-06401

[*1]In the Matter of Patrick Charles George, petitioner,

v

Thomas Carroll, etc., respondent. Patrick Charles George, Brooklyn, N.Y., petitioner pro se.




Eric T. Schneiderman, Attorney General, New York, N.Y. (Susan
Anspach of counsel), for respondent.


DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Thomas Carroll, a Justice of the Supreme Court, Kings County, to grant the petitioner's motion, in effect, pursuant to CPL 440 to vacate his convictions in two underlying criminal actions, both entitled People v George, commenced in the Supreme Court, Kings County, under Indictment Nos. 4166/87 and 11047/90, respectively.

ADJUDGED that the petition is denied and the proceeding is dismissed on the merits, 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., SKELOS, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino Clerk of the Court