Matter of Appleby v. . Delaney

Delators seek to compel the commissioner of Bocks to approve permits for the filling in Of lands under water.

The facts herein are substantially the same as in Appleby v. City of New York, decided herewith, with this difference: The city established a new bulkhead line in 1916, which crosses the premises granted between Twelfth and Thirteenth avenues. It was held in the action that the rights of the relators are not limited by this bulkhead fine but only by the bulkhead fine estabished by the secretary of war. The court below decided herein that a writ of peremptory mandamus should issue…