In re McCoy

Kelly, P. J.:

This is an appeal from an order of the Special Term, Westchester county, granting an application made by Frank N. McCoy, Jr., a resident citizen and taxpayer of the village of Peekskill, for a peremptory order of mandamus requiring the members of the board of trustees of said village of Peekskill and its street commissioner to remove from the streets of said village certain gasoline supply pumps, particularly described in the petition, and all others of a similar character, as unlawful obstructions.

The village of Peekskill is a municipal corporation, existing under a charter…