Majority
p. 168In the Matter of the Application by Henry J. Semken for Peremptory Writ of Mandamus, etc, (New York Common Pleas, Special Term, Filed July, 1895.)
Headnote
Certiorari—Excise—License.In the absence of some statutory provision to that effect, the New York City Court is without jurisdiction to grant a writ certiorari to review an adverse determination of the board of excise of the city of New York upon an application for a license.
Application for a peremptory writ of manadamus.
Browne & Sheehan, for motion ; James M. Fitzsimons, in pro. per.
In the absence of some statutory provision to such an effect, the city court of New York is without jurisdiction to grant a writ of certiorari to review an adverse determination of the board of excise in the city of New York upon an application for a license. People v. Board of Excise of City of New York, 3 St. Rep. 253 . Assuming that the city court of New York is a “city court,” within the meaning of section 1 of chapter 481 of the Laws of 1893, still jurisdiction to grant the writ is not apparent. The statute alluded to provides that a writ of certiorari “may be made returnable to and the cause heard by a city court,” but nowhere empowers the city court to grant or issue the writ. Motion denied.