People Ex Rel. Elmira Advertiser Association v. . Gorman
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 20, 1915, which affirmed an order of Special Term denying a motion for an alternative writ of mandamus, directed to the respondents, Republican members of the board of supervisors of the county of Chemung, requiring them to perform their official duty in designating a Republican newspaper published in that county, in which to publish the Session Laws, etc.,…
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 20, 1915, which affirmed an order of Special Term denying a motion for an alternative writ of mandamus, directed to the respondents, Republican members of the board of supervisors of the county of Chemung, requiring them to perform their official duty in designating a Republican newspaper published in that county, in which to publish the Session Laws, etc., as required by sections 20 and 22 of the County Law.
1Per curiam
The application of relator for an alternative writ of mandamus having come on to be heard as a contested motion (Code Civ. Pro. § 2067, as amended by L. 1913, ch. 574), the Special Term in the exercise of its discretion denied the application. The Appellate Division, on appeal (Code Civ. Pro. § 2087, as amended by L. 1913, ch. 574), also in the exercise of discretion, affirmed the order denying, the application. The order appealed from is not the object of review in this court. (People ex rel. Flynn v. Woods, 218 N. Y. 124-127.) The appeal should be dismissed, with costs.
Hiscock, Ch. J.,…
2Cases cited1 opinion
- People Ex Rel. Flynn v. . WoodsNew York Court of Appeals · 1916
3Cited by7 opinions
- Posner v. LevittAppellate Division of the Supreme Court of the State of New York · 1971
- Botens v. AronauerNew York Supreme Court · 1971
- McLaughlin v. New York City Employees Retirement SystemCivil Court of the City of New York · 1976
- Burdick v. HallAppellate Division of the Supreme Court of the State of New York · 1931
- Frank H. Hiscock Legal Aid Society v. City of SyracuseNew York Supreme Court · 1977
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