145 N.Y.S. 117 | N.Y. App. Div. | 1913
This is an appeal from an order that denied the relator’s motion for a writ of prohibition against the Court of Special Sessions in the borough of Brooklyn. The order contains no recital whether the motion was denied on the ground of discretion or as a matter of law. An information was filed against the relator before a city magistrate in the borough of Brooklyn, containing a charge of a violation of the provisions of the Sanitary Code of the city of New York. Section 1112 of the Greater New York charter (Laws of 1901, chap. 466, asamd. by Laws of 1904, chap. 628) provides that a violation of the provisions of the Sanitary Code constitutes a misdemeanor. A
The order appealed from should be affirmed, with ten dollars costs and disbursements, as a matter of law.
Jenks, P. J., Burr, Stapleton and Putnam, JJ., concurred.
Order affirmed, with ten dollars costs and disbursements, as a matter of law.