Doyle v. New York City Department of Citywide Administrative Services

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered February 10, 1998, which, in a proceeding brought pursuant to CPLR article 78, inter alia, to compel respondents to extend a civil service eligibility list, granted respondents’ cross motion to dismiss the petition, unanimously affirmed, without costs.

The instant petition seeking relief in the nature of mandamus does not lie. Mandamus is available only to compel a nondiscretionary governmental act (Matter of Altamore v Barrios-Paoli, 90 NY2d 378). The act petitioners would compel, however, i.e., the extension of a civil…