In the Matter of Jesse Clark, Appellant, v. Dora Schriro, Commissioner of the New York City Department of Correction, et al., Respondents

Supreme Court properly found that since respondents were not required to provide petitioner with a hearing within a specifically prescribed period, but only within a “reasonable time” (NY City Charter § 1046 [c] [1]), their failure to do so for more than a year after charging petitioner with misconduct did not constitute failure to fulfill a nondiscretionary duty or perform a purely ministerial act. Accordingly, the petition did not plead an action for mandamus to compel (see Matter of Gar rison Protective Servs. v Office of Comptroller of City of N.Y., 92 NY2d 732, 736 [1999]). Concur — Mazzarelli, J.E, Andrias, Saxe and Freedman, JJ.