Arbill Gasoline Stations, Inc. v. Murdock

Appellate Division of the Supreme Court of New York

Arbill Gasoline Stations, Inc. v. Murdock

250 A.D. 761, 293 N.Y.S. 752, 1937 N.Y. App. Div. LEXIS 8882

Appellate Division of the Supreme Court of the State of New York·Decided March 1, 1937·Published

Opinion

Order denying motion for order of peremptory mandamus unanimously affirmed on the law and not in the exercise of discretion, with costs. The appellant has mistaken its remedy. The board has acted, though it may be unwisely. These acts may be reviewed by certiorari if it is not too late; or the applicant may make a new application that shows a new and different state of facts containing merit which might cause a different view to be taken from that taken on the first application, which was denied. We express [762]*762no opinion on these subjects. The matter is one of sound discretion vested in the board. Present — Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ.

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Order denying motion for order of peremptory mandamus unanimously affirmed on the law and not in the exercise of discretion, with costs. The appellant has mistaken its remedy. The board has acted, though it may be unwisely. These acts may be reviewed by certiorari if it is not too late; or the applicant may make a new application that shows a new and different state of facts containing merit which might cause a different view to be taken from that taken on the first application, which was denied. We express [762]*762no opinion on these subjects. The matter is one of sound discretion vested in the board. Present — Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ.

Arbill Gasoline Stations, Inc. v. Murdock, 250 A.D. 761, 293 N.Y.S. 752, 1937 N.Y. App. Div. LEXIS 8882 (N.Y. Ct. App. 1937).

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250 A.D. 761 (Arbill Gasoline Stations, Inc. v. Murdock) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.