Adjudged that the petition is granted, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a determination of the petitioner's motion. A written order deciding the motion shall be made within 10 days after service upon the respondent of a copy of this decision and judgment.
"`Mandamus will lie to compel the determination of a motion' ( Matter of Weinstein v. Haft, 60 NY2d 625, 627; see Matter of Greenfield, 76 NY2d 293; Matter of Silk Bunks v. Greenfield, 102 AD2d 734; see also CPLR 2219 [a]). A judicial officer may be compelled to perform a ministerial duty prescribed by law, but not an act in respect to which he [or she] may exercise judgment or discretion ( see Klostermann v. Cuomo, 61 NY2d 525, 540; Matter of Legal Aid Socy. of Sullivan County v. Scheinman, 53 NY2d 12). `The writ of mandamus . . . may [therefore] . . . be addressed to subordinate judicial tribunals, to compel them to exercise their functions, but never to require them to decide in a particular manner' ( Klostermann, supra at 540, quoting People ex rel. Francis v. Common Council of City of Troy, 78 NY 33, 39)" ( Matter of DeCintio v. Cohalan, 18 AD3d 872).
Contrary to the respondent's contention, this motion has been fully submitted and the respondent is directed to make a determination thereon and issue a written order deciding it no later than 10 days after service upon him of a copy of this decision and judgment.