Supreme Court providently determined that petitioner was barred from compelling ACS to grant his leave request in this proceeding. The regulations governing petitioner's application for additional and extended leave gave the ACS agency head discretion in the matter and "mandamus does not lie to enforce the performance of a duty that is discretionary, as opposed to ministerial" (New York Civ. Liberties Union v State of New York,
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MATTER OF YOHAY v. CITY OF NEW YORK
11181, 100469/18.
181 A.D.3d 408 (2020)
117 N.Y.S.3d 562
2020 NY Slip Op 01443
In the Matter of Paul Yohay, Appellant, v. City of New York et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided March 3, 2020.
Decided March 3, 2020.
Appellate Division of the Supreme Court of New York, First Department.
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