Legal Opinion

In re Peck

Appellate Division of the Supreme Court of the State of New York

Decided December 2, 1930PublishedCited by 4 opinions

1Per curiam

In a petition dated January 2, 1930, respondents applied for an order of mandamus compelling appellant Town Board of the town of Brighton to grant them a permit to install a gasoline station. An alternative order was granted. The appeal here is from an order denying a motion to strike out certain parts of the petition, to dismiss the petition and/or to alter it. The petitioners allege the granting in 1925 to a member of the Brighton town board of a similar permit to install a gasoline station in the same general locality. This administrative act (Weston v. City of *100Syracuse, 158 N. Y. 274) was…

2Cases cited5 opinions

  1. Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
  3. Matter of Stubbe v. . AdamsonNew York Court of Appeals · 1917
  4. Weston v. . City of SyracuseNew York Court of Appeals · 1899
  5. McCabe v. . City of New YorkNew York Court of Appeals · 1915

3Cited by4 opinions

  1. Heimerle v. Village of BronxvilleNew York Supreme Court · 1938
  2. Maxwell v. KlaessNew York Supreme Court · 1948
  3. Mitrus v. NicholsNew York Supreme Court · 1939
  4. Smith v. MorganNew York Supreme Court · 1938

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