In the Matter of Williamsburg Independent People, Inc., Appellant, v. Robert B. Tierney, Respondent

The court properly dismissed the petition seeking to compel respondent to present petitioner’s Request For Evaluation (RFE), since “there is no statutory requirement that [respondent] adhere to a particular procedure in determining whether to consider a property for designation” (Matter of Citizens Emergency Comm. to Preserve Preserv. v Tierney, 70 AD3d 576, 577 [2010], lv denied 15 NY3d 710 [2010]). Accordingly, the decision as to whether an RFE should be calendared is a discretionary action and thus mandamus to compel is not an available remedy. Moreover, contrary to petitioner’s contention, the Landmarks Preservation Commission is not obligated under 63 RCNY 1-02 to hold a public hearing before declining to calendar a request for the property’s designation as a landmark (see Matter of Landmark West! v Burden, 15 AD3d 308, 309 [2005], lv denied 5 NY3d 713 [2005]). Concur — Tom, J.E, Friedman, DeGrasse, Richter and Manzanet-Daniels, JJ. [Prior Case History: 2010 NY Slip Op 32838(U).]