Matter of Altman v Fiore, 2024 NY Slip Op 04201 [230 AD3d 580]

August 14, 2024

Appellate Division, Second Department

[*1]

In the Matter of Charles Altman, Petitioner,

v

Keri A. Fiore, a Justice of the Supreme Court, Westchester County, Respondent.

Altman Law Group LLC, Rye, NY (Charles Altman pro se of counsel), for petitioner.

Letitia James, Attorney General, New York, NY (Miranda Onnen of counsel), for respondent.

Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of mandamus to compel the respondent, Keri A. Fiore, a Justice of the Supreme Court, Westchester County, to continue an inquest in an action entitled Seltzer v Altman , pending in that court under index No. 12735/11.

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 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought.

The parties’ remaining contentions either are without merit or need not be reached in light of our determination. Chambers, J.P., Wooten, Taylor and Ventura, JJ., concur..