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

Appellate Division of the Supreme Court of the State of New York·Decided February 10, 1941·Published·Cited by 3 cases

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.]

Free access — add to your briefcase to read the full text and ask questions with AI

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.]

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).

Pincite

261 A.D. 915 (In re Peekskill Packing Co. for a Peremptory Order of Mandamus) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related