Zielinski v. Harding

This is the return of a notice of motion therein designated as an application for a peremptory order of review and mandamus.

This is not a taxpayer’s action under section 51 of the General Municipal Law, and counsel for petitioner disavows any such suggestion. Under the facts alleged in the petition, and in the failure upon the part of petitioner to conform to the statute, the proceeding could not be designated as a statutory taxpayer’s action. (Gen. Mun. Law, § 51; Talcott v. City of Buffalo, 125 N. Y. 280; Ziegler v. Chapin, 126 id. 342.) Petitioner has made his application under article 78…