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202 A.D.2d 677

Smith v. Chetta

Appellate Division of the Supreme Court of the State of New York · decided 1994-03-28

Decided 1994-03-28

¶1—Proceeding pursuant to CPLR article 78 in the nature of a writ of mandamus to compel the respondent Justice of the Supreme Court to enlarge the terms of a previously-granted certificate of relief from disabilities to include eligibility to apply for a pistol permit.

¶2*678Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

¶3Mandamus does not lie to compel a discretionary act (see, Matter of Molea v Marasco, 64 NY2d 718). Lawrence, J. P., Joy, Friedmann and Krausman, JJ., concur.

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