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SASSOWER v. COMMISSION ON JUDICIAL CONDUCT OF THE STATE OF NEW YORK

289 A.D.2d 119 (2001)

734 N.Y.S.2d 68

ELENA R. SASSOWER, as Coordinator of the Center for Judicial Accountability, Appellant, v. COMMISSION ON JUDICIAL CONDUCT OF THE STATE OF NEW YORK, Respondent.

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

Decided December 18, 2001.

The petition to compel respondent's investigation of a complaint was properly dismissed since respondent's determination whether to investigate a complaint involves an exercise of discretion and accordingly is not amenable to mandamus (Mantell v New York State Commn. on Judicial Conduct, 277 A.D.2d 96, lv denied 96 N.Y.2d 706). Moreover, inasmuch as petitioner has failed to demonstrate that she personally suffered some actual...

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