Matter of Figueroa v Rice

Matter of Figueroa v Rice 2013 NY Slip Op 08625 Decided on December 26, 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 December 26, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
2013-08817 DECISION, ORDER & JUDGMENT

[*1]In the Matter of Leone Figueroa, petitioner,

v

Kathleen Rice, etc., et al, respondents. Leone Figueroa, Mineola, N.Y., petitioner pro se.




Kathleen M. Rice, sued herein as Kathleen Rice, District Attorney,
Mineola, N.Y. (Robert A. Schwartz and Ames C. Grawert of
counsel), respondent pro se.
Eric T. Schneiderman, Attorney General, New York, N.Y.
(Charles F. Sanders of counsel), for
respondent David Ayres.

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondents to dismiss the indictment in an underlying criminal action entitled People v Figueroa, pending in the Supreme Court, Nassau County, under Indictment No. 116/12, 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 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.
SKELOS, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino [*2]

Clerk of the Court