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MATTER OF DOYLE v. NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES

261 A.D.2d 110 (1999)

689 N.Y.S.2d 465

In the Matter of THOMAS DOYLE et al., Appellants, v. NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES et al., Respondents.

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

Decided May 4, 1999.

The instant petition seeking relief in the nature of mandamus does not lie. Mandamus is available only to compel a nondiscretionary governmental act (Matter of Altamore v Barrios-Paoli, 90 N.Y.2d 378). The act petitioners would compel, however, i.e., the extension of a civil service eligibility list, is clearly discretionary. We note that there is no evidence that respondents' determination to let the list lapse at the end of its...

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