Majority
p. 944In the Matter of Harry Greenberg, Respondent, against George P. Monaghan, as Police Commissioner of the City of New York, Appellant.
The action of the police commissioner in denying petitioner’s application for a taxicab license involved the exercise of a discretionary power. Upon the record before us, we cannot say that the decision of the department head in determining that petitioner was not a proper person to operate a taxicab was arbitrary or capricious; accordingly the determination should not have been disturbed. Order unanimously reversed, with $20 costs and disbursements to the appellant, the petition dismissed and the application denied. Present — Dore, J. P., Cohn, Breitel, Bastow and Botein, JJ.