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MANTELL v. NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT

277 A.D.2d 96 (2000)

715 N.Y.S.2d 316

MICHAEL MANTELL, Appellant, v. NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 16, 2000.

Petitioner lacks standing to assert that, under Judiciary Law § 44 (1), respondent is required to investigate all facially meritorious complaints of judicial misconduct. Respondent's determination whether or not a complaint on its face lacks merit involves an exercise of discretion that is not amenable to mandamus (cf., Matter of Dyno v Rose, 260 A.D.2d 694, 698, appeal dismissed 93 N.Y.2d 998

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