Majority
p. 737In the Matter of the Application of John F. Kaiser Co., Inc., Respondent, for a Peremptory Mandamus Order against John A. Ehler, Acting Building Inspector of the Village of Rye, New York, Appellant.
Peremptory mandamus order unanimously affirmed, with ten dollars costs and disbursements. We think the work in question was commenced and continued with the knowledge of the village authorities, and during the course of the work street opening and plumbing permits were duly issued. We think that such action on the part of the village authorities constituted a waiver of the requirement for a building permit.[1] Present — Kelly, P. J., Manning, Young, Kapper and Hagarty, JJ.
* See Zoning Ordinance of Village of Rye, art. 5, § 2.— [Rep.