U.A. Plumbers & Steamfitters v. City of Niagara Falls

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to compel respondents to determine whether a certain plumbing company was violating various provisions of the Plumbing Code of respondent City of Niagara Falls (City). The City appeals from a judgment denying respondents’ motion to dismiss the petition and, instead, granting the petition and mandating that respondents conduct a public hearing on the matters at issue in the petition. We reverse.

“The extraordinary remedy of mandamus lies only to compel the performance of a ministerial act and only where there exists a…