Ozdoba v. Chelsea Landmark LIC, LLC

Order and judgment (one paper), Supreme Court, New York County (Marilyn Shafer, J.), entered March 30, 2009, which in this proceeding brought pursuant to CPLR article 78, denied the petition seeking, among other things, to reverse respondents’ determination that petitioner did not meet the income eligibility requirements for an affordable apartment, and dismissed the proceeding, unanimously affirmed, without costs.

Petitioner’s request for an award of an affordable apartment is plainly in the nature of mandamus to compel the performance of a duty on the part of respondents. While mandamus is…