People ex rel. Judge v. Hylan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John F. Hylan, from an order of the Supreme Court, made at the Queens Special Term a.nd entered in the office of the clerk of the county of Queens on or about the 29th day of August, 1921, granting a peremptory writ of mandamus commanding him “ to forthwith prevent the operation of the Bus line of the Rockaway Auto Bus Company from operating on the streets of the City of New York, particularly in Rockaway Park, Belle Harbor, Neponsit, Roxbury and…
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Appeal by the defendant, John F. Hylan, from an order of the Supreme Court, made at the Queens Special Term a.nd entered in the office of the clerk of the county of Queens on or about the 29th day of August, 1921, granting a peremptory writ of mandamus commanding him “ to forthwith prevent the operation of the Bus line of the Rockaway Auto Bus Company from operating on the streets of the City of New York, particularly in Rockaway Park, Belle Harbor, Neponsit, Roxbury and Rockaway Point.” The busses were being operated under a sight-seeing license. Eleven days after the decision of the Court…
1Opinion of the Court
Blackmar, P. J.:
The bus line was operated in violation of the law (Transp. Corp. Law, § 26);* it was a public nuisance (Penal Law, § 1530), and the duty of the mayor is to enforce the law (Greater N. Y. Charter, § 115). There is no doubt that the court has power, to issue its order in the nature of mandamus to the mayor to compel performance of his duty (People ex rel. Weatherwax v. Watt, 115 Misc. Rep. 120; affd., 197 App. Div. 929; People ex rel. Pumpyansky v. Keating, 168 N. Y. 390); but under the present circumstances I think the court, in the exercise of its discretion, should have…
2Cases cited3 opinions
- People Ex Rel. Pumpyansky v. . KeatingNew York Court of Appeals · 1901
- People ex rel. Weatherwax v. WattNew York Supreme Court · 1921
- People ex rel. Weatherwax v. WattAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by11 opinions
- International Railway Co. v. SchwabAppellate Division of the Supreme Court of the State of New York · 1922
- Perazzo v. LindsayAppellate Division of the Supreme Court of the State of New York · 1968
- Blaikie v. WagnerNew York Supreme Court · 1965
- Goldberg v. WagnerNew York Supreme Court · 1957
- Katkowski v. LaGuardiaNew York Supreme Court · 1940
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