Wilaka Construction Co. v. McAneny

I dissent and vote for reversal and granting of the peremptory order of mandamus.. In Matter of Graybar Construction Corp. v. Berry (238 App. Div. 769; affd., 264 N. Y.-) the mayor was not made a party. The decision relied upon by Special Term (Matter of Nelson Iron Works, Inc., v. Berry, 237 App. Div. 575), holding that the mayor was a necessary party in the proceeding then under consideration, is not controlling. In that case the board of education was not involved and section 149 of the Greater New York Charter was applicable. In this proceeding the board of education alone is concerned…