Matter of Lewis v Jamieson, 2023 NY Slip Op 01298 [214 AD3d 811]

March 15, 2023

Appellate Division, Second Department

[*1]

In the Matter of Jake Lewis, Petitioner,

v

Linda S. Jamieson, a Justice of the Supreme Court, Westchester County, Respondent.

Jake Lewis, Mount Vernon, NY, petitioner pro se.

Letitia James, Attorney General, New York, NY (Anjali Bhat of counsel), for respondent.

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent, Linda S. Jamieson, a Justice of the Supreme Court, Westchester County, to vacate an order dated May 9, 2022, issued in an action entitled Bank of N.Y. Mellon v Lewis , pending in that court under index No. 50543/17.

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 when 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. Brathwaite Nelson, J.P., Maltese, Ford and Taylor, JJ., concur..