Majority
p. 652
In the Matter of Markus Lessin, Respondent, for a Writ of Mandamus Directed to the Board of Education of the City of New York, Appellant.
Headnote
Municipal corporations— New York city — mandamus to compel production of books relating to sidewalk elevator at high 'school, not authorized by General Municipal Law, § 51, or Greater New York charter, § 1545.Appeal from an order of the Supreme Court, made at the Bronx Special Term and entered in the Bronx county clerk’s office on August 31, 1925, granting petitioner’s motion for a peremptory order of mandamus, directing the board of education of the city of New York, by its president or other officer, to appear and attend at Special Term and produce at said time and place for the inspection and examination of the petitioner, all the records,.etc., of the defendant respecting the inspection and condition of a sidewalk elevator forming part of the premises of Morris High School.
Neither section 51 of the General Municipal Law nor section 1545 of the Greater New York charter[1] is authority for the order entered herein. The order appealed from should, therefore, be reversed, with ten dollars costs and disbursements, and the motion denied, with fifty dollars costs. Present — Clarke, P. J., Dowling, Merrell, McAvoy and Martin, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with fifty dollars costs.
* Laws of 1901, chap. 466, § 1545.— [Rep.