Young v. Wagner — 13 N.Y.2d 934

Majority

p. 934

In the Matter of John H. Young, III, in Behalf of Himself and All Other Voters and Electors of the City of New York Who May Be Similarly Situated, Appellant, v. Robert F. Wagner, as Mayor of the City of New York, et al., Respondents.

Argued October 30, 1963;

decided October 31, 1963.

p. 935

Bruce McM. Wright and Yvette M. Wright for appellant.

Leo A. Larkin, Corporation Counsel (Bernard Friedlander, Pauline K. Berger and Barbara M. Watson of counsel), for respondents.

Order affirmed, without costs. The Appellate Division acted within its discretionary power in affirming the denial of the petition in this mandamus proceeding because of delay in bringing it. We reach no other question. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burice, Foster and Scileppi.