You are here: / / Mandamus to Compel Judge to Decide Motions Proper
,

Mandamus to Compel Judge to Decide Motions Proper

The Second Department determined mandamus was the proper vehicle to compel a judge to decide pending motions:

“Mandamus will lie to compel the determination of a motion” … . Under the particular circumstances of this case, the petitioner demonstrated a clear legal right to the relief sought … . Accordingly, the petition must be granted insofar as asserted against the respondent …, and that respondent is directed to issue written orders within 30 days of this decision and judgment determining the four fully submitted motions pending in the underlying action … . Matter of Liang v Hart, 2015 NY Slip Op 07502, 2nd Dept 10-14-15

 

You might also like
Father Estopped from Moving to Vacate Order of Filiation Entered Upon Consent Despite “Somewhat Limited” Parent-Child Relationship
WHERE NEITHER PARENT CAN BE SAID TO HAVE CUSTODY OF THE CHILDREN FOR THE MAJORITY OF THE TIME, THE PARENT WITH THE GREATER RESOURCES SHOULD BE DEEMED THE NONCUSTODIAL PARENT FOR CHILD SUPPORT PURPOSES (SECOND DEPT).
No Proof Misrepresentation Caused Decedent to Disinherit Daughter
Overriding Village Legislative Cap on Number of Taxicab Licenses Not a Proper Subject of Mandamus Action—Applicability of Mandamus Explained
Comments Made by Dean and Assistant Dean in Their Professional Capacities Protected by a Qualified Privilege
Where Deportation As a Result of a Guilty Plea Is Not Mentioned by the Court, Preservation of the Error Is Not Required
DEFENDANT RAISED A QUESTION OF FACT ABOUT WHETHER THERE EXISTS A NONNEGLIGENT EXPLANATION FOR THIS REAR END COLLISION, PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT). ​
PLAINTIFF FELL FROM AN UNSECURED A-FRAME LADDER THAT SHIFTED FOR NO APPARENT REASON, SUMMARY JUDGMENT ON HIS LABOR LAW 240 (1) CAUSE OF ACTION PROPERLY GRANTED.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Failure to Advise Appellant of Right to Counsel In Contempt Proceedings Required... Appeal, Rather than a Motion to Vacate a Default Judgment, Is the Proper Remedy...