Majority
p. 677In the Matter of Leo Smith, Petitioner, v Philip J. Chetta, Respondent. [612 NYS2d 873]
—Proceeding pursuant to CPLR article 78 in the nature of a writ of mandamus to compel the respondent Justice of the Supreme Court to enlarge the terms of a previously-granted certificate of relief from disabilities to include eligibility to apply for a pistol permit.
p. 678
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.
Mandamus does not lie to compel a discretionary act (see, Matter of Molea v Marasco, 64 NY2d 718 ). Lawrence, J. P., Joy, Friedmann and Krausman, JJ., concur.
Cases cited
- Molea v. Marasco 64 NY2d 718 p. 678