In re Peekskill Packing Co. for a Peremptory Order of Mandamus

Appellate Division of the Supreme Court of New York

In re Peekskill Packing Co. for a Peremptory Order of Mandamus

261 A.D. 915, 25 N.Y.S.2d 366, 1941 N.Y. App. Div. LEXIS 8079

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 10, 1941

StatusPublished

Cited by3 cases

This text of 261 A.D. 915 (In re Peekskill Packing Co. for a Peremptory Order of Mandamus) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Peekskill Packing Co. for a Peremptory Order of Mandamus, 261 A.D. 915, 25 N.Y.S.2d 366, 1941 N.Y. App. Div. LEXIS 8079 (N.Y. Ct. App. 1941).

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Opinion

The board of health of the village of Peekskill appeals from a final order (Civ. Prae. Act, art. 78) directing it to approve certain plans and specifications for a slaughterhouse in the village (now city) of Peekskill. Order, in so far as appealed from, reversed on the law, with fifty dollars costs and disbursements, motion denied, and petition dismissed, without costs, on the authority of People ex rel. Knoblauch v. Warden, etc. (216 N. Y. 154, 157, 160, 161). Hagarty, Carswell, Johnston and Taylor, JJ., concur; Lazansky, P. J., dissents and votes to affirm the order on the ground that the board of health had no power arbitrarily to refuse to grant a permit for a slaughterhouse. [172 Misc. 176.]

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The board of health of the village of Peekskill appeals from a final order (Civ. Prae. Act, art. 78) directing it to approve certain plans and specifications for a slaughterhouse in the village (now city) of Peekskill. Order, in so far as appealed from, reversed on the law, with fifty dollars costs and disbursements, motion denied, and petition dismissed, without costs, on the authority of People ex rel. Knoblauch v. Warden, etc. (216 N. Y. 154, 157, 160, 161). Hagarty, Carswell, Johnston and Taylor, JJ., concur; Lazansky, P. J., dissents and votes to affirm the order on the ground that the board of health had no power arbitrarily to refuse to grant a permit for a slaughterhouse. [172 Misc. 176.]

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261 A.D. 915, 25 N.Y.S.2d 366, 1941 N.Y. App. Div. LEXIS 8079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-peekskill-packing-co-for-a-peremptory-order-of-mandamus-nyappdiv-1941.

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