People ex rel. Lodes v. Department of Health
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, George Lodes, from an order of the Supreme Court,.made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of February, 1906, denying the relator’s motion for a writ of certiorari to review the action of the.respondent in revoking certain permits theretofore .issued to the relator allowing him to traffic in, milk in the city of New York.
1Opinion of the Court
*891The following is the opinion of Mr. Justice Burr delivered at Special Term:
Burr, J.:
It is conceded that there is no statute expressly authorizing the issue of a writ of certiorari " to review the action of the' board of health in preventing relator from carrying on the business of selling milk in the city of New York. In the absence of such statutory authority, unless entitled to a common-law writ, he is not entitled to this remedy for the wrong which may have been done to him. (Code Civ. Proc. § 2120.) A common-law writ is only available to review an act judicial in its character. .The fact…
2Cases cited4 opinions
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
- People Ex Rel. Trustees of Jamaica v. Board of SupervisorsNew York Court of Appeals · 1892
- People Ex Rel. Second Avenue Railroad v. Board of Commissioners of the Department of Public ParksNew York Court of Appeals · 1884
- People ex rel. Savage v. Board of HealthNew York Supreme Court · 1861
3Cited by1 opinion
- People ex rel. Sprenger v. Department of HealthNew York Supreme Court · 1918