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Clark v. Schriro

91 A.D.3d 483 Court N.Y. App. Div. Decision date 2012-01-12 English

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p. 483
In the Matter of Jesse Clark, Appellant, v Dora Schriro, Commissioner of the New York City Department of Correction, et al., Respondents.
[935 NYS2d 887]

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 (see Matter of Gar

p. 484
rison Protective Servs. v Office of Comptroller of City of N.Y., 92 NY2d 732 , 736 [1999]). Concur — Mazzarelli, J.E, Andrias, Saxe and Freedman, JJ.

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