People ex rel. Richards v. Hylan — 234 N.Y. 508

Majority

p. 508

The People of the State of New York ex rel. Rosina J. Richards, Appellant, v. John F. Hylan, as Mayor of the City of New York, Respondent.

Headnote

Appeal — order of Appellate Division reversing order of Special Term and denying in exercise of discretion motion for writ of mandamus not appealable as of right to Court of Appeals.

People ex rel. Richards v. Hylan, 200 App. Div. 871 , appeal dismissed.

(Argued June 1, 1922;

decided July 12, 1922.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 13, 1922, which reversed an order • of Special Term granting a motion for a peremptory writ of mandamus to compel defendant to execute to relator a good and sufficient deed of release of the interest of the city of New York in certain premises and denied said motion. The Appellate Division held that relator’s rights, if any, could not be enforced by mandamus.

James A. Sheehan for appellant.

John P. O’Brien, Corporation Counsel (Josiah A. Stover and Charles J. Nehrbas of counsel), for respondent.

p. 509

Appeal dismissed, with costs; no opinion.

• Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin and Andrews, JJ. Not voting: Crane, J.