Peabody v. Zion

Appellate Division of the Supreme Court of New York

Peabody v. Zion

285 A.D. 823, 136 N.Y.S.2d 701, 1955 N.Y. App. Div. LEXIS 5706

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

DecidedJanuary 17, 1955

StatusPublished

This text of 285 A.D. 823 (Peabody v. Zion) 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

Peabody v. Zion, 285 A.D. 823, 136 N.Y.S.2d 701, 1955 N.Y. App. Div. LEXIS 5706 (N.Y. Ct. App. 1955).

Pincite

Opinion

Proceeding under article 78 of the Civil Practice Act to review determinations of the Mayor and the board of trustees of the Village of Lawrence, denying petitioner’s application for a license to operate a taxicab in said village, and a determination of the said board of trustees denying petitioner’s application for the establishment of a public hackstand. The proceeding has been transferred to this court. (Civ. Prae. Act, § 1296.) Determinations unanimously confirmed, without costs. The discretion lodged in the officials does not appear to have been exercised capriciously or arbitrarily. Whether public hackstands should be established was a matter for determination by the board of trustees of the village. The courts cannot compel exercise of the power which is granted solely to the board to establish hackstands. Present — Nolan, P. J., Wenzel, MacCrate, Beldock and Murphy, JJ.

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Proceeding under article 78 of the Civil Practice Act to review determinations of the Mayor and the board of trustees of the Village of Lawrence, denying petitioner’s application for a license to operate a taxicab in said village, and a determination of the said board of trustees denying petitioner’s application for the establishment of a public hackstand. The proceeding has been transferred to this court. (Civ. Prae. Act, § 1296.) Determinations unanimously confirmed, without costs. The discretion lodged in the officials does not appear to have been exercised capriciously or arbitrarily. Whether public hackstands should be established was a matter for determination by the board of trustees of the village. The courts cannot compel exercise of the power which is granted solely to the board to establish hackstands. Present — Nolan, P. J., Wenzel, MacCrate, Beldock and Murphy, JJ.

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Bluebook (online)

285 A.D. 823, 136 N.Y.S.2d 701, 1955 N.Y. App. Div. LEXIS 5706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peabody-v-zion-nyappdiv-1955.