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MATTER OF POWERS v. CITY OF NEW YORK

262 A.D.2d 246 (1999)

692 N.Y.S.2d 366

In the Matter of DEREK L. POWERS et al., Appellants, v. CITY OF NEW YORK et al., Respondents. ROBERT BROWN et al., Intervenors-Respondents.

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

Decided June 29, 1999.

To the extent that petitioners seek relief in the nature of mandamus, their application must fail since they have not established a clear legal right to such relief (see, Matter of Altamore v Barrios-Paoli, 90 N.Y.2d 378, 384-385), and to the extent that petitioners challenge respondents' exercise of discretion, their application must also fail since they have not shown that the challenged discretionary acts were arbitrary or motivated...

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