Matter of Scanlon v. Miller-Williams

Summary

The Appellate Division, Fourth Department, affirmed a judgment granting a CPLR article 78 petition compelling the Buffalo Comptroller to issue and sell bonds authorized by the City Common Council. The court held that the Comptroller had no discretion over whether to issue the bonds and that her duty was ministerial, making mandamus appropriate. The court also rejected the argument that the Common Council had delegated its threshold authority to authorize bond issuance.

Holdings

1. Mandamus to compel was available because the petitioners established a clear legal right to performance of a duty imposed by law, and the comptroller's duty to issue the authorized bonds was ministerial rather than discretionary.
2. The Common Council did not delegate to the comptroller the threshold authority to authorize or veto the issuance of bonds and notes.

Questions Presented

1. Whether mandamus was available to compel the Buffalo comptroller to issue and sell bonds authorized by the Common Council.
2. Whether the Common Council delegated to the comptroller the authority to decide whether to authorize or prevent the issuance of bonds.
3. Whether the comptroller's duty to issue bonds pursuant to the Common Council's resolutions was discretionary or ministerial.

Disposition

affirmed