Brusco v. Braun, 199 A.D.2d 27 (1993)

Citation: Brusco v. Braun, 199 A.D.2d 27 (1993)
Parent Document: Brusco v. Braun, 199 A.D.2d 27 (1993)
Jurisdiction: New York (state)
Effective Date: 1993-12-07
Original Source: https://www.courtlistener.com/opinion/6103695/brusco-v-braun/ ↗

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It must be emphasized that we are dealing here with a proceeding in the nature of mandamus seeking an order directing the Civil Court Judge assigned to this matter to summarily render judgment in favor of the petitioner. The law is clear, and there is no dispute, that "the extraordinary remedy of mandamus is appropriate to enforce the performance of a ministerial duty”, and "it cannot be used to compel an act or acts * * * in respect to which an officer may exercise judgment or discretion.” (Donaldson v State of New York, 156 AD2d 290, 293, lv dismissed in part and denied in part 75 NY2d 1003.) Thus, the critical question is whether it lies within the discretion of the Civil Court to direct an inquest upon the respondent-tenant’s default.

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