Smith v. Chetta

Appellate Division of the Supreme Court of New York

Smith v. Chetta

202 A.D.2d 677, 612 N.Y.S.2d 873, 1994 N.Y. App. Div. LEXIS 2906

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 28, 1994

StatusPublished

Cited by1 cases

This text of 202 A.D.2d 677 (Smith v. Chetta) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Chetta, 202 A.D.2d 677, 612 N.Y.S.2d 873, 1994 N.Y. App. Div. LEXIS 2906 (N.Y. Ct. App. 1994).

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Opinion

—Proceeding pursuant to CPLR article 78 in the nature of a writ of mandamus to compel the respondent Justice of the Supreme Court to enlarge the terms of a previously-granted certificate of relief from disabilities to include eligibility to apply for a pistol permit.

[678]*678Adjudged 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 NY2d 718). Lawrence, J. P., Joy, Friedmann and Krausman, JJ., concur.

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—Proceeding pursuant to CPLR article 78 in the nature of a writ of mandamus to compel the respondent Justice of the Supreme Court to enlarge the terms of a previously-granted certificate of relief from disabilities to include eligibility to apply for a pistol permit.

[678]*678Adjudged 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 NY2d 718). Lawrence, J. P., Joy, Friedmann and Krausman, JJ., concur.

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Bluebook (online)

202 A.D.2d 677, 612 N.Y.S.2d 873, 1994 N.Y. App. Div. LEXIS 2906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-chetta-nyappdiv-1994.

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