Larkin v. Booth

Order and judgment (denominated as such) entered January 6, 1969, unanimously affirmed, without costs and without disbursements. Since section 1109 of the Charter of the City of New York appears to contemplate an ex parte application rather than a special proceeding with notice to alleged wrongdoing officials, there is a question whether an appeal lies from a determination denying an application made under such section. (See Matter of Mitchel v. Cropsey, 177 App. Div. 663.) However, inasmuch as the parties have argued on the merits the question whether the petition presented a proper case for…