Majority
p. 915In the Matter of the Application of Peekskill Packing Co., Inc., for a Peremptory Order of Mandamus, or in the Alternative for an Alternative Order of Mandamus Directed to the Board of Health of the Village of Peekskill, County of Westchester and State of New York. Peekskill Packing Co., Inc., Respondent; Board of Health of the Village of Peekskill, Appellant.
The board of health of the village of Peekskill appeals from a final order (Civ. Prae. Act, art. 78) directing it to approve certain plans and specifications for a slaughterhouse in the village (now city) of Peekskill. Order, in so far as appealed from, reversed on the law, with fifty dollars costs and disbursements, motion denied, and petition dismissed, without costs, on the authority of People ex rel. Knoblauch v. Warden, etc. ( 216 N. Y. 154 , 157, 160, 161). Hagarty, Carswell, Johnston and Taylor, JJ., concur; Lazansky, P. J., dissents and votes to affirm the order on the ground that the board of health had no power arbitrarily to refuse to grant a permit for a slaughterhouse. [ 172 Misc. 176 .]
Cases cited
- People ex rel. Knoblauch v. Warden of the Jail of the Fourth District Magistrates' Court 216 N. Y. 154 at 157, 160, 161 p. 915
- Peekskill Packing Co. v. Board of Health 172 Misc. 176 p. 915