Legal Opinion

Peirez v. Caso

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

Decided November 19, 1979PublishedCited by 18 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent Nassau County officers "to call in and/or establish a schedule for the retirement” of a debt due, petitioners appeal from a judgment of the Supreme Court, Nassau County, entered April 12, 1979, which, inter alia, dismissed the petition. Judgment affirmed, without costs or disbursements. An article 78 proceeding in the nature of mandamus does not lie unless the act sought to be compelled is ministerial, nondiscretionary and nonjudgmental, and is premised upon specific statutory authority mandating performance in…

2Cases cited2 opinions

  1. Posner v. LevittAppellate Division of the Supreme Court of the State of New York · 1971
  2. Stutzman v. FaheyAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by18 opinions

  1. Grisi v. ShainswitAppellate Division of the Supreme Court of the State of New York · 1986
  2. Brown v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1984
  3. Cohalan v. CaputoAppellate Division of the Supreme Court of the State of New York · 1983
  4. Spring Realty Co. v. New York City Loft BoardNew York Supreme Court · 1985
  5. Saslow v. CephasAppellate Division of the Supreme Court of the State of New York · 1993

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