Writing that enforcement of the laws at issue would involve “some exercise of discretion,” the New York Court of Appeals on Wednesday rejected an animal-rights group’s attempt to use a mandamus action to compel New York City to stop ultra-Orthodox Jews from practicing Kaporos, a ritual in which chickens are slaughtered on public streets.

A unanimous panel wrote in an opinion that it is “well settled” that the “extraordinary remedy” of a writ of mandamus can be used to force a government to perform ministerial duties, but “it will not be awarded to compel an act in respect to which [a public] officer may exercise judgment or discretion,” quoting Klostermann v. Cuomo.

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