March 28, 1994
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 N.Y.2d 718). Lawrence, J.P., Joy, Friedmann and Krausman, JJ., concur.
Full title:In the Matter of LEO SMITH, Petitioner, v. PHILIP J. CHETTA, Respondent
Court:Appellate Division of the Supreme Court of New York, Second Department
Date published: Mar 28, 1994
As the determination set forth no other ground for denying the permit, it was not based on "good cause" and…