Glen Cove Shopping Center, Inc. v. Suozzi

The petitioner applies for an order, pursuant to article 78 of the Civil Practice Act, directing the city clerk of the City of Glen Cove to publish a certain ordinance passed by a three to two vote on August 16, 1957, by the City Council and affecting B-3 Zoning in Glen Cove.

This proceeding is in the nature of a mandamus as it seeks to “ compel performance of a duty specifically enjoined by law.” Such a proceeding may be maintained “ after the respondent’s refusal, upon the demand of the petitioner or the person whom he represents, to perform his duty, as the case may be ”. (Civ. Prac. Act, §…