Okslen Acupuncture P.C. v. Cuomo

*662Order and judgment (one paper), Supreme Court, New York County (O. Peter Sherwood, J.), entered April 14, 2010, which denied the petition seeking, inter alia, to compel respondent to investigate and prosecute nonparty National Insurance Crime Bureau for its alleged criminal violations of article 7 of the General Business Law, and granted respondent’s cross motion to dismiss the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Dismissal of this proceeding on the ground that it seeks to compel discretionary acts was proper (see Klostermann v Cuomo, 61 NY2d…