Matter of G.S. v Diamond, 2019 NY Slip Op 06775 [175 AD3d 1536]

September 25, 2019

Appellate Division, Second Department

[*1]

In the Matter of G.S., Petitioner,

v

Arthur Diamond et al., Respondents.

G. S., Jericho, NY, petitioner pro se.

Letitia James, Attorney General, New York, NY (Monica Hanna of counsel), for respondents Arthur Diamond and Norman St. George.

John W. McConnell, New York, NY (Sandra H. Irby of counsel), for respondents Supreme Court of the State of New York, in and for Nassau County, Maureen O’Connell, Clerk of the Court, Matrimonial Part, Nassau County, and New York State Office of Court Administration.

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondents, in effect, to transfer all issues related to child support and ancillary matters in a certain matrimonial action pending in the Supreme Court, Nassau County, to the Family Court, Nassau County.

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. Balkin, J.P., Leventhal, Miller and Christopher, JJ., concur..