
    In the Matter of Ronald M. Ackridge, Petitioner, v Samuel Walker, as Judge of the Westchester County Court, Respondent.
    [801 NYS2d 541]
   Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Samuel Walker, a Judge of the County Court, Westchester County, to determine the petitioner’s motion pursuant to CPL 440.10 to vacate an order of protection issued in People v Ackridge, in the Supreme Court, Westchester County, under indictment No. 02-6168.

Ordered that the application to prosecute the proceeding as a poor person is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied as academic; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when 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. H. Miller, J.P., Cozier, Crane and Rivera, JJ., concur.  