Opinion
June 21, 1989
Appeal from the Supreme Court, New York County (Burton S. Sherman, J.).
Mandamus does not lie to enforce a discretionary act by respondent City Clerk, which any judicial direction to conduct an "examination" of an applicant for appointment as a commissioner of deeds under Executive Law § 140 (2) would necessarily entail. Furthermore, and in any event, the ultimate arbiter of respondent's certification of competence in any given instance is exclusively a legislative matter for the City Council alone to determine.
Concur — Kupferman, J.P., Sullivan, Kassal, Wallach and Smith, JJ.