Case Information

In the Matter of John J. Malizia, petitioner, v Richard Ambro, etc., respondent.

2019-05691

Supreme Court of the State of New York, Appellate Division, Second Judicial Department

August 21, 2019

2019 NY Slip Op 06177

RUTH C. BALKIN, J.P., JOSEPH J. MALTESE, COLLEEN D. DUFFY, LINDA CHRISTOPHER, JJ.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

James J. O'Rourke & Assoc., PLLC, Smithtown, NY, for petitioner.

Letitia James, Attorney General, New York, NY (Todd A. Spiegelman of counsel), for respondent.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Richard Ambro, a Justice of the Supreme Court, Suffolk County, to issue to the petitioner a certificate of relief from disabilities pursuant to Correction Law § 702 to permit him to possess and use a firearm.

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). The petitioner has failed to demonstrate a clear legal right to the relief sought.

BALKIN, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court