Majority
p. 848In the Matter of the Application of Frank Capalbo, Appellant, for an Order Directing Bertrand F. Drake, M. D., as Director of Public Health of the City of New Rochelle, Respondent, to Reissue to Said Frank Capalbo the Permit Heretofore Issued to Him, etc., in the City of New Rochelle, Revoked February 7, 1940.
Proceeding brought pursuant to article 78 of the Civil Practice Act, to compel respondent, as the director of public health of the city of New Rochelle, to reinstate a permit heretofore issued to petitioner for the collection of garbage in the city of New Rochelle, and revoked by respondent. Order dismissing the petition unanimously affirmed and determination confirmed, with ten dollars costs and disbursements. No opinion. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.