Majority
p. 816In the Matter of the Application of William Stegle, Respondent, for a Peremptory Writ of Mandamus Directed to Charles F. Bales, as Superintendent of Buildings in the Borough of Queens of the City of New York, Appellant, Commanding Him to Enforce the Provisions of the Building Zone Law or Resolutions of the Board of Estimate and Apportionment of the City of New York, Known as the Building Zone Resolution Adopted December 15, 1927, and All Acts Amendatory Thereof, Wherever Any of Said Provisions Are Violated by the Use of the Premises on the South Side of Hancock Street, 390 Feet East of Wyckoff Avenue, Known as and by Nos. 1638-1640 Hancock Street, Ridgewood, in the Borough of Queens, City and State of New York, and Lying between Wyckoff and Cypress Avenues.
Peremptory mandamus order reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. We are of opinion that the peremptory mandamus order should not have been granted without the owner being a party to the proceeding. Lazansky, P. J., Rich, Kapper, Hagarty and Scudder, JJ., concur.