Beckwith v. Bartnett — 253 A.D. 741

Majority

p. 741

In the Matter of the Application of Charles D. Beckwith, Appellant, for Mandamus Order against Michael Bartnett, as Building Inspector of the City of New Rochelle, Respondent.

Order denying petitioner’s application for a peremptory order of mandamus requiring the building inspector of the city of New Rochelle to issue a certificate of occupancy in respect to certain property in New Rochelle, unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. No opinion. Present —■ Hagarty, Carswell, Johnston, Taylor and Close, JJ,-