Rather, the petition seeks to compel respondents to perform discretionary acts, for which mandamus is unavailable (see Matter of Williamsburg Independent People, Inc. v. Tierney, 91 A.D.3d 538, 538, 938 N.Y.S.2d 5 [1st Dept. 2012]; see alsoAnonymous v. Commissioner of Health, 21 A.D.3d 841, 842, 801 N.Y.S.2d 302 [1st Dept. 2005] ). Additionally, other adequate remedies at law exist to obtain the relief sought (see Matter of Patel v. Shah, 115 A.D.3d 559, 559–560, 982 N.Y.S.2d 117 [1st Dept. 2014], lv. denied 23 N.Y.3d 907, 2014 WL 2922284 [2014] ; see also Matter of Kyle v. Lebovits, 58 A.D.3d 521, 870 N.Y.S.2d 360 [1st Dept. 2009], lv denied 13 N.Y.3d 765, 886 N.Y.S.2d 865, 915 N.E.2d 1162 [2009], cert. denied 559 U.S. 938, 130 S.Ct. 1524, 176 L.Ed.2d 113 [2010] ).

It is not available when the agency action is discretionary. DeKom v. New York Department of Financial Services , 110 AD3d 527, 973 N.Y.S.2d 163, 2013 NY Slip Op. 06790 [1st Dept. 2013] ; Patel, M.D. v. Shah , 115 AD3d 559, 982 N.Y.S.2d 117, 2014 NY Slip Op. 01824 [1st. Dept. 2014]. The Petition does not set forth a clear right to the relief sought.