People ex rel. Rota v. Baker
Appellate Division of the Supreme Court of the State of New York
Appeal by' the relator, Alessandro Rota, 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 November, 1909, denying the relator’s motion for a peremptory writ of mandamus.
1Opinion of the Court
Rich, J.:
The relator made application to the respondent for a concert hall license, which was refused, and now he seeks to compel its issuance by this proceeding. The power to issue such licenses, now vested *8in the police commissioner, was formerly vested, in and exercised by the mayor. (Laws of 1901, chap. 466, “ Section Three;" Laws of 1897, chap. 378, §§ 1472-1474, as amd. by Laws of 1901, chap. 412; Laws of 1882, chap. 410, §§ 1998-2000, as amd. by Laws of 1885, chap. 249.) Such power is discretionary and not controlled by mandamus. (People ex rel. Worth v. Grant, 58 Hun, 455; Matter of…
2Cases cited4 opinions
- People, Ex Rel. Mayor, Etc. v. . McCarthyNew York Court of Appeals · 1886
- People ex rel. Worth v. GrantNew York Supreme Court · 1890
- Armstrong v. MurphyAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Park Circle Amusement Co. v. Board of PoliceNew York Supreme Court · 1901
3Cited by8 opinions
- Moore v. GallupAppellate Division of the Supreme Court of the State of New York · 1943
- Message Photo-Play Co. v. BellAppellate Division of the Supreme Court of the State of New York · 1917
- Rudhlan Amusement Corp. v. GeraghtyNew York Supreme Court · 1932
- Edelstein v. BellNew York Supreme Court · 1915
- Marburg v. ColeNew York Supreme Court · 1940
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