Williamsburg Independent People, Inc. v. Tierney

The court properly dismissed the petition seeking to compel respondent to present petitioner’s Request For Evaluation (RFE), since “there is no statutory requirement that [respondent] adhere to a particular procedure in determining whether to consider a property for designation” (Matter of Citizens Emergency Comm. to Preserve Preserv. v Tierney, 70 AD3d 576, 577 [2010], lv denied 15 NY3d 710 [2010]). Accordingly, the decision as to whether an RFE should be calendared is a discretionary action and thus mandamus to compel is not an available remedy. Moreover, contrary to petitioner’s…