| Matter of Weaver v Cohen |
| 2021 NY Slip Op 04977 [197 AD3d 1178] |
| September 15, 2021 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Everette Weaver, Petitioner, v Devin P. Cohen, a Justice of the Supreme Court, Kings County, Respondent. |
Everette Weaver, Hopewell Junction, NY, petitioner pro se.
Letitia James, Attorney General, New York, NY (James B. Cooney of counsel), for respondent.
Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent, Devin P. Cohen, a Justice of the Supreme Court, Kings County, to refer certain matters to Eric Gonzalez, District Attorney, Kings County, for investigation.
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.
The petitioner's remaining contentions are without merit. Chambers, J.P., Miller, Wooten and Zayas, JJ., concur.