Matter of Word v Renwick, 2021 NY Slip Op 02806 [194 AD3d 727]

May 5, 2021

Appellate Division, Second Department

[*1]

In the Matter of Diane Word, Petitioner,

v

Dianne T. Renwick et al., Respondents.

Diane Word, New York, NY, petitioner pro se.

Letitia James, Attorney General, New York, NY (Charles F. Sanders, of counsel), for respondents.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondents, Justices of the Supreme Court, Appellate Division, First Judicial Department, to enter a final determination within the meaning of the Constitution in a proceeding entitled People ex rel. Word v State of New York , commenced in that Court.

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. Chambers, J.P., Austin, LaSalle and Wooten, JJ., concur..