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MATTER OF KAUFMAN v. OFFICE OF BUILDING INSPECTOR, VILLAGE OF MAMARONECK

295 A.D.2d 349 (2002)

743 N.Y.S.2d 880

In the Matter of MELVYN KAUFMAN, Appellant, v. OFFICE OF BUILDING INSPECTOR, VILLAGE OF MAMARONECK, Respondent.

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

Decided June 3, 2002.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, the Supreme Court properly denied the petition. The remedy of mandamus is the appropriate remedy to enforce the performance of a ministerial duty. It is not available to compel an act with respect to which an administrative agency may exercise judgment or discretion (see Klostermann v Cuomo, 61 N.Y.2d 525, 539; Matter of Kusky v...

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