What is mandamus in NY administrative law?

What is mandamus in NY administrative law?

• A. A proposed statutory remedy
• B. A court order directing a public official or agency to perform a mandatory duty.
• C. A discretionary relief restraining agency actions
• D. A type of civil penalty assessed against agencies

Answer: (B)

Mandamus in New York administrative law is a court order that compels a public official or agency to perform a duty that the law requires. It applies when the duty is ministerial or plainly mandated, leaving no room for the official’s discretion. In practice, it’s a remedy under an Article 78 proceeding used to force action that must be taken, not to challenge a discretionary decision or policy choice. It’s not used to restrain agency actions (that would be a prohibitory or injunctive remedy) and it’s not a penalty. So the best description is a court-directed mandate ordering the official or agency to carry out a mandatory duty.

Mandamus in New York administrative law is a court order that compels a public official or agency to perform a duty that the law requires. It applies when the duty is ministerial or plainly mandated, leaving no room for the official’s discretion. In practice, it’s a remedy under an Article 78 proceeding used to force action that must be taken, not to challenge a discretionary decision or policy choice. It’s not used to restrain agency actions (that would be a prohibitory or injunctive remedy) and it’s not a penalty. So the best description is a court-directed mandate ordering the official or agency to carry out a mandatory duty.