Ordered that on the court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, that application is referred to Justice Balletta, and leave to appeal is granted by Justice Balletta (CPLR 5701 [b] [1]); and it is further,
Ordered that the order is affirmed, with costs.
A proceeding pursuant to CPLR article 78 is the proper vehicle by which to compel officials to perform a mandatory duty (CPLR 7803 [1]). Mandamus may...
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