General
In the Matter of the Application of York Dairy Co., Inc., Appellant, for a Mandamus Order against John L. Rice, Commissioner of Health, and Others, the Defendants Who Constitute the Board of Health of the City of New York, Respondents
246 A.D. 557·New York Supreme Court, Appellate Division·1935·NY
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Opinion
In the Matter of the Application of York Dairy Co., Inc., Appellant, for a Mandamus Order against John L. Rice, Commissioner of Health, and Others, the Defendants Who Constitute the Board of Health of the City of New York, Respondents.
[MAJORITY]
Order denying an application for a mandamus order directing defendants to issue to petitioner a permit to sell milk and milk products unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. No opinion. Present — Lazansky, P. J., Young, Carswell, Scudder and Tompkins, JJ.