General

In the Matter of the Application of Ugast Realty, Inc., for an Order of Mandamus against Albert E. Kleinert, as Superintendent of the Bureau of Buildings, Borough of Brooklyn, City of New York

226 A.D. 752·New York Supreme Court, Appellate Division·1929·NY

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Opinion

In the Matter of the Application of Ugast Realty, Inc., for an Order of Mandamus against Albert E. Kleinert, as Superintendent of the Bureau of Buildings, Borough of Brooklyn, City of New York. [MAJORITY] Order denying motion for peremptory mandamus order unanimously affirmed, without costs. Relator seeks to exclude property from the operation of the zoning laws. Mandamus against the building superintendent is improper. Variances may be granted, upon a proper showing, by the board of standards and appeals, or the territory may be re-zoned by the board of estimate and apportionment. Rich, Kapper, Carswell and Scudder, JJ., concur; Lazansky, P, J., concurs in result. See Building Zone Resolution of City of New York.— [Rep.