Majority
p. 709In the Matter of the Application of Del Balso Holding Corp., Appellant, for a Peremptory Mandamus Order against John McKenzie, as Commissioner of Docks of the City of New York, Respondent.
Order denying petitioner’s motion for a peremptory order of mandamus directing the commissioner of docks to issue a certificate or written permit for the erection of a pier from petitioner’s uplands to the deep waters of Westchester creek in front of petitioner’s premises, unanimously affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ.