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MATTER OF ROSSI v. TRUSTEES OF VILLAGE OF BELLPORT

63 A.D.3d 846 (2009)

880 N.Y.S.2d 499

In the Matter of RICHARD ROSSI, Respondent, v. TRUSTEES OF VILLAGE OF BELLPORT, Appellants.

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

Decided June 9, 2009.

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

Since the actions of the Trustees of the Village of Bellport were the result of their exercise of discretion, mandamus to compel does not lie (see Matter of Brusco v Braun, 84 N.Y.2d 674, 679 [1994]; see also Matter of Hamptons Hosp. & Med. Ctr. v Moore...

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