People ex rel. Noble v. Hylan — 229 N.Y. 521

Majority

p. 521

The People of the State of New York ex rel. Daniel Noble, Appellant, v. John F. Hylan et al., Composing the Board of Estimate and Apportionment of the City of New York, Respondents.

Headnote

Appeal —; unanimous affirmance by Appellate Division of order denying motion for mandamus.

People ex rel. Noble v. Hylan, 185 App. Div. 896 , appeal dismissed.

(Submitted April 14, 1920;

decided May 4, 1920.)

Appeal from an order of the Appéllate Division of the Supreme Court in the second judicial department, entered July 31, 1918, which unanimously affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the board of estimate and apportionment of the city of New York to fix the compensation for services performed and to be performed by relator (surrogate of Queens county) in connection with the drawing of jurors. Respondents contended that the order of the Appellate Division being unanimous, no constitutional question being involved and permission to appeal not having been obtained, the appeal should be dismissed.

George E. Cogswell for appellant.

William P. Burr, Corporation Counsel (JohnF. O’Brien, William E. C. Mayer and John Lehman of counsel), for respondents.

p. 522

Appeal dismissed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Caedozo, McLaughlin, Crane and Elkus, JJ.