Barker v. Switzer — 238 N.Y. 624

Majority

p. 624

In the Matter of the Application of Jacob Barker, Respondent, for an Order of Mandamus against William H. Switzer, as Inspector of Buildings of the City of New Rochelle, Appellant.

Headnote

Appeal —• unanimous affirmance of order granting motion for order of mandamus ■ — ■ appeal to Court of Appeals dismissed.

Matter of Barker v. Switzer, 209 App. Div. 151 , appeal dismissed.

(Argued June 2, 1924;

decided July 5, 1924.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 8, 1924, which unanimously affirmed an order of Special Term granting a motion for a peremptory order of mandamus to compel the defendant to issue to the

p. 625

relator a permit for the erection of an apartment house on premises in the city of New Rochelle.

Charles A. Van Auhen for appellant.

Martin J. Tierney for respondent.

Appeal dismissed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.