Majority
p. 753In the Matter of the Application of Rosa De Fine, Respondent, for a Peremptory Mandamus Order against The Board of Health of the City of New York and Another, Respondents. Built-By-Glick, Inc., Intervenor, Appellant.
Order of peremptory mandamus affirmed, with costs. No opinion. Kelly, P. J., Rich, Manning and Young, JJ., concur; Lazansky, J., dissents upon the ground that the superintendent of buildings had no authority to issue the permit, nor was it his official duty to revoke it. Relief against the acts of intervenor must be obtained otherwise than by mandamus.