Matter of Weaver v D’Alessio, 2022 NY Slip Op 06812 [210 AD3d 1103]

November 30, 2022

Appellate Division, Second Department

[*1]

In the Matter of Everette Weaver, Petitioner,

v

Christie L. D’Alessio, a Justice of the Supreme Court, Dutchess County, Respondent.

Everette Weaver, Hopewell Junction, NY, petitioner pro se.

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

Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of mandamus to compel the respondent, Christie L. D’Alessio, a Justice of the Supreme Court, Dutchess County, to vacate an order dated May 25, 2022, issued in an action entitled Weaver v Daeira , pending in that court under index No. 80061/12.

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. Dillon, J.P., Zayas, Ford and Dowling, JJ., concur..