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MATTER OF EAGLE VALLEY CORP. v. BOLLATTO

63 A.D.3d 1157 (2009)

881 N.Y.S.2d 893

In the Matter of EAGLE VALLEY CORP., Appellant, v. THOMAS F. BOLLATTO, JR., Respondent.

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

Decided June 30, 2009.

Ordered that judgment is affirmed, with costs.

Under the circumstances, the petitioner was not entitled to a certificate approving a preliminary subdivision plat pursuant to Village Law § 7-728 (8) (see Matter of Two Trees Farm, Inc. v Seaman, 29 A.D.3d 917 [2006]). "[T]he extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only...

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