MATTER OF CLARK v. SCHRIRO

6527, 106917/10

91 A.D.3d 483 (2012)

935 N.Y.S.2d 887

2012 NY Slip Op 118

In the Matter of JESSE CLARK, Appellant, v. DORA SCHRIRO, Commissioner of the New York City Department of Correction, et al., Respondents.

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

Decided January 12, 2012.


Supreme Court properly found that since respondents were not required to provide petitioner with a hearing within a specifically prescribed period, but only within a "reasonable time" (NY City Charter § 1046 [c] [1]), their failure to do so for more than a year after charging petitioner with misconduct did not constitute failure to fulfill a nondiscretionary duty or perform a purely ministerial act. Accordingly, the petition did not plead an action for mandamus to compel...

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