People Ex Rel. Sprenger v. Department of Health
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 31, 1919, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus commanding the defendant to grant to the relator a permit for a private hospital for the treatment of medical, surgical and obstetrical cases. The facts, so far as material, are stated in the opinion.
1Per curiam
The head of the department of health of the city of New York is the board of health. (Charter [Laws of 1901, ch. 466], § 1167.) The sanitary code enacted by the board of health provides (§ 220) that no person shall conduct a private hospital without a permit therefor issued by the board of health. The regulations of the department of health provide that the proposed site and sanitary condition of the hospital building shall be subject to the approval of the department of health. The charter of the city provides (§ 1172) that “ the board of health may embrace in said sanitary code all matters…
2Cases cited1 opinion
- People Ex Rel. Lodes v. Department of HealthNew York Court of Appeals · 1907
3Cited by6 opinions
- Matter of Larkin Co. v. SchwabNew York Court of Appeals · 1926
- Jewish Consumptives' Relief Society v. Town of WoodburyAppellate Division of the Supreme Court of the State of New York · 1930
- General Baking Co. v. Street CommissionersMassachusetts Supreme Judicial Court · 1922
- Lederman v. New York City Transit AuthorityNew York Supreme Court · 1962
- In re PeckNew York Supreme Court · 1930
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