116 N.Y.S. 248 | N.Y. App. Div. | 1909
This is an appeal from, an order denying a motion for a peremptory writ of mandamus. On the 31st of August, 1908, the comptroller of the city of Hew York sold to the Empire House Wrecking Company three five-story brick buildings, located in the
The permission of the borough president to move the buildings across the highway and the permission of the superintendent of buildings to make alterations are independent; neither is a condition precedent to the granting of the other. If the petitioner obtains the permit asked for in this proceeding, he will still have to have the permit of the borough president before he can move the buildings across the highway, and if he should obtain such permit he would still have .to have the permit of the superintendent of buildings before he could make the proposed alterations. The granting of the one need not affect or embarrass the consideration of the application for the other.
The order should be reversed and a peremptory writ granted, requiring the respondent Moore to pass upon the petitioner’s application.
Hirschberg, P. J., Woodward, Jenks and Rich, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion for peremptory writ granted, with ten dollars costs.
See Laws of 1901, chap. 466, § 1553, as amd. by Laws of 1905, chap. 515. and Laws of 1908, chap. 356.— [Rep.