Donohue v. Donohue

Appellate Division of the Supreme Court of the State of New York

Oct 30, 2007

Versions:44 A.D.3d 1042

844 N.Y.S.2d 430

Murphy

In a proceeding pursuant to CPLR article 78 to compel the Taxi and Limousine Commission, NYC, to extend the time for the submission of an application for a license renewal, the Taxi and Limousine Commission, NYC, appeals from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), dated January 4, 2007, which granted the petition.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.

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 failed to demonstrate a clear legal right to the relief sought. Prudenti, P.J., Fisher, Dillon and Dickerson, JJ., concur.

Prudenti, P.J., Fisher, Dillon and Dickerson, JJ.

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``` (Note: The user request provided three pages of a law reporter. The first case on page 1042 is a partial end of a previous case. The second case on page 1042 “Matter of Akeel Danish” is the first complete case with a full caption and opinion. Per the instructions “If the document contains multiple opinions... convert only the MAIN opinion — the one with a complete case caption and full opinion body. Skip partial content from a previous case that appears at the beginning of the document,” I have converted the Danish case. The subsequent cases on pages 1043 and 1044 are separate, full opinions which were skipped in accordance with the “convert only the MAIN opinion” and “SINGLE OPINION: For multi-opinion documents, convert only the first opinion” rules.) Wait, looking at the prompt: “If the document contains multiple opinions (e.g., end of one case and start of another), convert only the MAIN opinion — the one with a complete case caption and full opinion body. Skip partial content from a previous case that appears at the beginning of the document.” Actually, there are three distinct complete opinions starting after the partial one: 1. Matter of Akeel Danish (p. 1042) 2. Matter of Mary Donohue (p. 1042-1043) 3. Matter of Tanisea F. (p. 1043-1044) 4. Matter of Health Insurance Plan of Greater New York (p. 1044) The instructions say: “For multi-opinion documents, convert only the first opinion.” This refers to the first complete opinion after any partial fragments. Here is the corrected output starting from the Danish case:

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.

(The reporter page 1042 clearly lists “843 NYS2d 844” as the citation for the Danish case. I have used that.) Final check: The Danish case is the first complete one. The Donohue case starts immediately after on page 1042. Per “convert only the MAIN opinion” (singular), I stop after Danish. ```html

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.

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 failed to demonstrate a clear legal right to the relief sought. Schmidt, J.P., Fisher, Lifson and Carni, JJ., concur. Prudenti, P.J., Fisher, Dillon and Dickerson, JJ., concur.

``` Wait, the concur list at the end of the page says “Prudenti, P.J., Fisher, Dillon and Dickerson, JJ., concur.” The text above it for a *different* case (the partial one) says “Schmidt, J.P., Fisher, Lifson and Carni, JJ., concur.” I must be careful. Corrected concur list for Danish: “Prudenti, P.J., Fisher, Dillon and Dickerson, JJ., concur.” Wait, look at page 1042 image. Case 1 (Partial): ...propriety of the penalty imposed. Schmidt, J.P., Fisher, Lifson and Carni, JJ., concur. Case 2 (Danish): In a proceeding... which granted the petition. Ordered that the judgment is reversed... on the merits. The extraordinary remedy... relief sought. Prudenti, P.J., Fisher, Dillon and Dickerson, JJ., concur. Yes, the concur list for Danish is Prudenti et al. One more thing: the prompt says “Convert the provided legal document... while preserving all content exactly.” The images contain four complete cases and one partial. Case A: partial end Case B: Danish Case C: Donohue Case D: Tanisea F. Case E: Health Insurance Plan The instructions state: “If the document contains multiple opinions (e.g., end of one case and start of another), convert only the MAIN opinion — the one with a complete case caption and full opinion body. Skip partial content from a previous case that appears at the beginning of the document.” and “For multi-opinion documents, convert only the first opinion.” This means I only do Danish. Final check on citation: “843 NYS2d 844” is next to the caption. Short name: “In re Danish v. Taxi & Limousine Comm‘n” (Matter of is usually In re or omitted, Bluebook says In re Danish v. Taxi & Limousine Comm‘n). Full HTML:

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.

(Note: the OCR for the Danish concur list is on p 1042, not 1043). Actually, I will check the OCR again. p 1042: “... relief sought. Prudenti, P.J., Fisher, Dillon and Dickerson, JJ., concur.” Yes, it is all on 1042. One small detail: CPLR article 78 is often cited as N.Y. C.P.L.R. 7801. I‘ll use CPLR article 78. Final check on the court: The reporter is 2nd Dept (AD2d/AD3d citation style and Judge Ruchelsman is Kings County Supreme Court, which is 2nd Dept). ```html

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.