Remedy of mandamus is inappropriate in this Article 78 appeal
U.A. Plumbers and Steamfitters, Local No. 22 v City of Niagara Falls
Petitioner commenced an Article 78 appeal to compel respondents to determine whether a plumbing company was violating provisions of the Plumbing Code of respondent City of Niagara Falls. The City then moved for dismissal of the petition. The Court denied the motion and granted petition, mandating respondents conduct a public hearing on the matters included in the petition. Respondents then commenced this appeal.
The remedy of mandamus can only be used as a remedy when a clear right to the relief sought exists. Since the petitioner failed to cite any statute, rule, regulation or case law requiring respondents to investigate petitioner’s allegations, no right to the relief sought was established.
Accordingly, the Court reversed the judgment, without costs, granted the motion and dismissed the petition.
