Turner v. Calgi

In this article 78 proceeding, the petitioner, Morton Turner, applies for an order in the nature of mandamus, directing the building official of the City of New Rochelle to issue a building permit for the construction of a single-family dwelling on petitioner’s property.

The undisputed facts show that petitioner heretofore applied for, and received, a building permit for the erection of five houses on five lots owned by him and fronting on Wilmot Road in said city. The lots and improvements thereon are designated on the plot plan attached to the petition as being owned by Conte, Korin, Basile,…