ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

April 10, 2024

Seeking a Writ of Mandamus to compel a particular action by a public official

In deciding a CPLR Article 78 action, the Appellate Division, First Department, addressed the efforts of one of the parties in the action to obtain a Writ of Mandamus to compel a particular action by a public official.

Citing Klostermann v Cuomo, 61 NY2d 525, the court observed that mandamus "is an extraordinary remedy that, by definition, is available only in limited circumstances". 

The Appellate Division's decision also notes that 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", citing Matter of Wyche v Haywood-Diaz, 206 AD3d 748. In addition, the decision points out that the remedy of mandamus "does not lie to compel an act which involves an exercise of judgment or discretion" by the official.

Further, the Appellate Division's decision notes that Supreme Court "properly denied a branch of the petition" because "the petitioners failed to exhaust their administrative remedies before commencing this proceeding pursuant to CPLR article 78, and there is no basis in the record to determine that any exception to the exhaustion of administrative remedies requirement would apply."

The Appellate Division then opined that "to the extent the petitioners' challenge ... was predicated upon a constitutional claim," that claim "hinges upon factual issues reviewable at the administrative level [which] must first be addressed to the agency so that a necessary factual record can be established," and thus, the petitioners were not excused from the obligation to pursue administrative remedies prior to commencing this proceeding.

Click HERE to access the Appellate Division's decision posted on the Internet.

 

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.