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In re Winona Pi. Suffolk County Department of Social Services

Appellate Division of the Supreme Court of the State of New York
Jul 5, 2011
Versions:86 A.D.3d 542
926 N.Y.2d 324

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 failed to demonstrate a clear legal right to the relief sought.

Rivera, J.P., Eng, Roman and Miller, JJ., concur.

Case Details

Case Name: In re Winona Pi. Suffolk County Department of Social Services
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jul 5, 2011
Citations: 86 A.D.3d 542; 926 N.Y.2d 324
Court Abbreviation: N.Y. App. Div.
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