People ex rel. Rosenthal v. McGowan — 122 N.Y.S. 1142

Majority

p. 1142

PEOPLE ex rel. ROSENTHAL v. McGOWAN et al.

(Supreme Court, Appellate Division, First Department.

May 6, 1910.)

Headnote

Certiorari by the People of the State of New York, on the relation of James M. Rosenthal, against Patrick F. McGowan, President of the Board of Aider-men of New York CSty, and others, to review the determination of respondents in canceling relator’s license as auctioneer, granted pursuant to Greater New York Charter (Laws 1897, c. 378) § 34, as amended by Laws 1907, c. 431. Writ sustained, proceedings of respondents annulled, and relator’s license reinstated.

Philip Cohen, for relator.

Theodore Connoly, for respondents.

This case was before this court jn Matter of Rosenthal, 133 App. Div. 733 , 118 N. Y. Supp. 241 . Upon a review of the testimony taken before the president of the board of aldermen, we are unable to see that the relator was connected with the fraud, if any, and therefore we think there was no question presented to the president of the board of aldermen which justified him in revoking the relator’s license. It follows that the writ should be sustained, the proceedings of the respondents annulled, and the relator’s license reinstated, with $50 costs and disbursements to the relator.

CLARKE, J., dissents.