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MATTER OF SADUR v. HERNANDEZ-PINERO

198 A.D.2d 175 (1993)

605 N.Y.S.2d 849

In the Matter of Irving Sadur, Appellant, v. Sally Hernandez-Pinero, as Chair of The New York City Housing Authority, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 23, 1993

We agree that petitioner was not entitled to relief in the nature of mandamus or prohibition. Mandamus lies to compel the performance of a purely ministerial act where there is a clear legal right to the relief sought (Matter of Legal Aid Socy. v Scheinman, 53 N.Y.2d 12, 16). Here, however, the issuance of and retention of the counseling memorandum was an appropriate discretionary act.

We have considered petitioner's remaining...

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