Matter of Crigler v American Stock Transfer & Trust, LLC, 2018 NY Slip Op 05160 [163 AD3d 664]

July 11, 2018

Appellate Division, Second Department

[*1]

In the Matter of Seglenda Crigler, Petitioner,

v

American Stock Transfer & Trust, LLC, Respondent.

Seglenda Crigler, New York, NY, petitioner pro se.

Satterlee Stephens LLP, New York, NY (Michael H. Gibson of counsel), for respondent.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to “reverse” an order of the Supreme Court, Kings County (Devin P. Cohen, J.), dated October 11, 2017, in an underlying action entitled Crigler v American Stock Transfer & Trust, LLC , pending in the same court under index No. 1363/17.

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 failed to demonstrate a clear legal right to the relief sought. Scheinkman, P.J., Cohen, Duffy, and Barros, JJ., concur..