Legal Opinion

Fisenne v. Bay Ridge District Local Board

Appellate Division of the Supreme Court of the State of New York

Decided March 30, 1937PublishedCited by 5 opinions

1Opinion of the CourtJohnston, J.

This is a proceeding to review the determination of The Bay Ridge District Local Board requiring the construction of a fence around petitioner’s vacant lot in the borough of Brooklyn. The principal question presented is whether the action of the local board in adopting the resolution directing the fencing of petitioner’s property was a judicial act, as petitioner contends, or a legislative act, as respondents claim.

It is well settled that certiorari will not lie to review a legislative function. It may be availed of only to review the judicial or quasi-judicial actions of inferior courts or…

2Cases cited1 opinion

  1. Matter of Neddo v. SchradeNew York Court of Appeals · 1936

3Cited by5 opinions

  1. Goldstein v. RockefellerNew York Supreme Court · 1965
  2. Ulmer Park Realty Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1943
  3. City of Albany v. McMorranNew York Supreme Court · 1962
  4. Leichter v. BarrettNew York Supreme Court · 1955
  5. Mitrus v. NicholsNew York Supreme Court · 1939

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