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MATTER OF NEW YORK CITY YACHT CLUB v. NEW YORK CITY DEPT. OF BLDGS.

9428, 100643/17.

172 A.D.3d 606 (2019)

102 N.Y.S.3d 19

2019 NY Slip Op 04097

In the Matter of New York City Yacht Club, Respondent-Appellant, v. New York City Department of Buildings et al., Appellants-Respondents, et al., Intervenors.

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

Decided May 28, 2019.

DOB's determination not to issue a notice of violation to the past and present owners of the Sofitel Hotel for failure to comply with Administrative Code of City of NY § 27-860 following its own inspection involved the exercise of discretion, not the performance of a mandatory, non-discretionary act; a writ of mandamus to compel is therefore not available (see Alliance to End Chickens as Kaporos v New York City Police Dept., 152 A.D.3d 113

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