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Semke v. Tydeman

217 A.D. 775 Court N.Y. App. Div. English

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p. 775
In the Matter of the Application of Fred M. Semke and Others, Respondents, for a Mandamus Order against William E. Tydeman, etc., and Others, Appellants.

—Peremptory mandamus order reversed upon the law, with ten dollars costs and disbursements, and motion denied, without costs. The board of fire commissioners had no power to delegate their authority to remove the relators, and, therefore, the provision as to notice was void. Rich, Jayeox, Young and Lazansky, JJ., concur; Kapper, J., dissents.