172 Misc. 130 | N.Y. Sup. Ct. | 1939
Petitioners, fourteen in number, apply for an order directing the police commissioner to issue to them licenses or certificates of license and badges for the year 1939. Each of the petitioners was a licensed “ runner ” in 1938 and has filed an application for renewal of his license for 1939, having paid the renewal fee of twelve dollars and fifty cents and delivered the required bond. The renewal applications, fees and bonds have been retained by the police commissioner. He has declined to issue 1939 badges to any runner, having instructed them to continue operating under the 1938 badge. The position of the police commissioner is thus summarized in his brief: “ The Police Commissioner has refused to renew the licenses of these petitioners for the reason that many of them are not, in his opinion, persons of good character as required by the Code and because of the fact that the entire question of regulation of runners is being studied by the Police Commissioner and the Mayor for submission to the City Council for appropriate action.”
The position so expressed is somewhat inconsistent. Apparently he is satisfied to let the runners operate at will —- seemingly his own will — although he asserts that the matter is the subject of consideration for a revision of regulations to be submitted to the city council for action. The implication of the argument is evidently that there is some movement afoot to abolish the licensing of runners or restrict the issuance of licenses to them. Pending the adoption of such legislation the police commissioner presumes to suspend licenses or else to continue the old licenses at will. He
The motion is granted.