Matter of Monroe County Fedn. of Social Workers, IUE-CWA Local 381 v. Stander
The Appellate Division, Fourth Department, dismissed a CPLR article 78 proceeding commenced by the Monroe County Federation of Social Workers. Petitioner sought to compel Hon. Thomas A. Stander, a retired Supreme Court Justice, to render a judgment in an underlying special proceeding. The petition was found untimely, filed in August 2018, beyond the four-month statute of limitations from the December 2017 refusal of demand. Additionally, it was jurisdictionally defective due to a lack of personal jurisdiction over the respondent. Finally, the court concluded the petition was without merit, as mandamus relief is an extraordinary remedy for mandatory, not discretionary, acts, and the respondent's "decision and order" was deemed a judgment from which petitioner failed to appeal.