The extraordinary remedy of mandamus* is available in limited circumstances only to compel the performance of a purely ministerial act which does not involve the exercise of official discretion or judgment, and only when a clear legal right to the relief has been demonstrated" (see Matter of Gonzalez v Village of Port Chester, 109 AD3d 614).
The Petitioner in this action alleged that her residence sustained property damage on June 17, 2022. On June 15, 2023, she submitted a notice of claim to the New York City Comptroller's Office, [Respondent] indicating that the Dormitory Authority of the State of New York and the Comptroller's Office were the agencies involved in her claim.
The Comptroller's Office rejected Petitioner's notice of claim as late. Petitioner then commenced this proceeding pursuant to CPLR Article 78 in the nature of mandamus to compel, among others things, the Respondent to accept the late notice of claim.
In an order and judgment, the Supreme Court, in effect, granted Respondent's cross-motion and dismissed the proceeding insofar as asserted against the City Respondents. Petitioner appealed Supreme Court's ruling.
Sustaining the Supreme Court's ruling, the Appellate Division opined the Petitioner was not entitled to mandamus relief compelling Respondent to accept the late notice of claim as timely, noting that "Petitioner's late notice of claim served without leave of court is a nullity".
* A writ of mandamus is one of a number of the ancient “common law” writs and is granted by a court to compel an official to perform acts that such an official is duty-bound to perform. Other such ancients writs include the writ of prohibition, issued by a higher tribunal to a lower tribunal to "prohibit" the adjudication of a matter then pending before the lower tribunal on the grounds that the lower tribunal "lacked jurisdiction"; the writ of certiorari compelling a lower court to send its record of a case to the higher tribunal for review by the higher tribunal; and the writ of “quo warranto,” which requires a person or body to show by what warrant, office or franchise, held, claimed, or exercised, with respect to that individual or entity performing a particular act or omission. New York State's Civil Practice Law and Rules [CPLR] sets out the modern equivalents of the surviving ancient writs.
Click HERE to access the Appellate Division's decision posted on the Internet.