Bologno v. O'Connell — 7 A.D.2d 749

Majority

p. 749

In the Matter of Angelo Bologno, Respondent, against Bernard J. O'Connell, as Commissioner of Licenses of the City of New York, Appellant.

Appeal from an order, in a proceeding pursuant to article 78 of the Civil Practice Act, directing appellant to issue to respondent a license to act as a junk dealer. The application for the license was denied on the ground that the proposed location of the business was unsuitable, despite the fact that a certificate of occupancy had been issued permitting storage on the premises of, inter alia, scrap iron, metal parts, rags and paper. Order unanimously affirmed, with costs. No opinion. Present — Wenzel, Acting P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ.