Ungar v. Wagner

Petitioner brings this article 78 proceeding against the Board of Estimate. The specific purpose is to direct the respondents to place a petition and communication of the petitioner on the calendar of the board for hearing. Respondents cross-moAred to dismiss the petition.

*404The first question is whether the respondents can be compelled by judicial fiat to do what the petitioner requests. A very important factor in the determination of that question would be the fundamental character of the board, whether legislative or executive. The parties here take the position that the board is an executive…