Appleby v. Hulbert
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, Edgar S. Appleby and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of December, 1920, denying their application for a peremptory writ of mandamus to compel the commissioner of docks to issue to them a permit for filling in land under water and the construction of a bulkhead.
1Opinion of the Court
Laughlin, J.:
The permit which appellants desired is with respect to the premises involved in the suit in equity brought by them against the city and others, in which their appeal from the judgment therein was argued and is to be decided herewith. (Appleby v. City of New York, 199 App. Div. 539.) The material facts with respect to the rights of the petitioners are stated in the opinion in that action and need not be restated here. The petition herein shows that on the 5th of December, 1919, the petitioners presented to the commissioner of docks, plans for the construction of a bulkhead on the…
2Cases cited3 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- In re Commissioner of Public WorksAppellate Division of the Supreme Court of the State of New York · 1909
- Appleby v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1922
3Cited by1 opinion
- Matter of Appleby v. . DelaneyNew York Court of Appeals · 1923