Legal Opinion
Smith v. Board of Standards & Appeals
New York Supreme Court
Decided December 7, 1955Published
1Opinion of the CourtThomas A. Aurelio, J.
On this application the intervenorrespondent seeks an order dismissing the petition on the ground that the same is unverified, whereas, as set forth in the Administrative Code of the City of New York, a petition for certiorari is required to be verified.
The wording of the applicable statute, section 668e-1.0 of the Administrative Code, is that certain designated persons ‘ ‘ may present to the supreme court a petition duly verified ”.
This statute is special in its nature in that it deals with particular conditions and specifies the procedure to be followed in order to obtain relief. The…
2Cases cited6 opinions
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- People Ex Rel. New York City Omnibus Corp. v. MillerNew York Court of Appeals · 1939
- Dairymen's League Co-operative Ass'n v. Du MondAppellate Division of the Supreme Court of the State of New York · 1953
- Rockwell v. City of SyracuseNew York Court of Appeals · 1939
- Breuchaud v. Bank of New York & Trust Co.New York Supreme Court · 1935
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