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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

 

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