Mandamus to compel may only be used to enforce a clear legal right where the public official has failed to perform a duty enjoined by law. Mandamus is appropriate to compel public officers to perform ministerial duties but not discretionary acts. A discretionary act involves the exercise of reasoned judgment which could typically produce different acceptable results whereas a ministerial act envisions direct adherence to a governing rule or standard with a compulsory result.
Matter of Troise vs. Marchiano, NY Slip Op 06079 (1st Dep't October 20, 2026)
