From Casetext: Smarter Legal Research

Iocovello v. City of New York

Appellate Division of the Supreme Court of New York, First Department
May 18, 2000
272 A.D.2d 201 (N.Y. App. Div. 2000)

Opinion

May 18, 2000.

Appeal from order, Supreme Court, New York County (William Wetzel, J.), entered November 23, 1999, which denied petitioner's motion to reargue respondents' previously granted motion to dismiss petitioner's application pursuant to CPLR article 78, which application sought a writ of mandamus to compel the municipal respondents to conduct an investigation into his termination from the Department of Sanitation, unanimously dismissed, without costs.

Eugene D. Zinbarg, for petitioner-appellant.

A. Orli Spanier, for respondents-respondents.

Before: Williams, J.P., Tom, Mazzarelli, Buckley, JJ.


Since petitioner failed to set forth new or additional facts in support of his motion, the motion was properly considered, and denied in the appealed order, as one for reargument only. It follows that petitioner's appeal must be dismissed, since no appeal lies from the denial of reargument (see, Mariani v. Dyer, 193 A.D.2d 456, 458, lv denied 82 N.Y.2d 658). In any case, were the appealed order reviewable, we would affirm because the decision not to conduct an investigation was a matter of discretion and the remedy of mandamus does not lie to compel action involving the exercise of discretion or judgment (see, Matter of Mullen v. Axelrod, 74 N.Y.2d 580, 582).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Iocovello v. City of New York

Appellate Division of the Supreme Court of New York, First Department
May 18, 2000
272 A.D.2d 201 (N.Y. App. Div. 2000)
Case details for

Iocovello v. City of New York

Case Details

Full title:JOSEPH IOCOVELLO, PETITIONER-APPELLANT, FOR AN ORDER, ETC., v. THE CITY OF…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 18, 2000

Citations

272 A.D.2d 201 (N.Y. App. Div. 2000)
708 N.Y.S.2d 294

Citing Cases

Wasserman v. Eisenberg

In all other respects, the award of attorneys' fees was a proper exercise of discretion (see, DeCabrera v.…

Tours of Amer. v. Heliport

es, and since the protection of petitioners' pecuniary interests is not encompassed by any of the Act's…