Opinion
June 2, 1998
Appeal from the Supreme Court, New York County (David Saxe, J.).
The IAS Court properly held that respondent Con Edison must comply with the subject Order Out Notice requiring removal of certain obstructions interfering with an ongoing public works project since noncompliance with the Order Out Notice would have delayed the public works project indefinitely (see, Administrative Code of City of N.Y. § 19-143 [b]; City of New York v. Consolidated Edison Co., 114 A.D.2d 217, 220).
The IAS Court also properly dismissed the petition as against respondents Commissioner and City of New York since the City was under no legal obligation to compel compliance with the Order Out Notice, and a petition pursuant to CPLR article 78 in the nature of mandamus seeking to compel an official act will lie only if "`officials are duty-bound to perform'" the act sought (Matter of Altamore v. Barrios-Paoli, 90 N.Y.2d 378, 385, quoting Klostermann v. Cuomo, 61 N.Y.2d 525, 540).
Concur — Ellerin, J. P., Wallach, Tom and Mazzarelli, JJ.