Mandamus does not lie to enforce a discretionary act by respondent City Clerk, which any judicial direction to conduct an "examination" of an applicant for appointment as a commissioner of deeds under Executive Law § 140 (2) would necessarily entail. Furthermore, and in any event, the ultimate arbiter of respondent's certification of competence in any given instance is exclusively a legislative matter for the City Council alone...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
