The People ex rel. Margaret Hudson, Appellant, v. The Board of Fire Commissioners of the City of New York, Respondent

The People ex rel. Margaret Hudson, Appellant, v. The Board of Fire Commissioners of the City of New York, Respondent. It is within the discretion of the Supreme Court to grant or xyithhold a common-law certiorari, and its discretion cannot be reviewed. An unreasonable delay in applying for the writ may be a ground for refusing it, and for quashing it even after a hearing on the return thereto. (Argued April 8, 1879; decided April 25, 1879.) This was an appeal from an order of General Term, dismissing a writ of certiorari brought to review the proceedings of defendant, dismissing William Hudson from the service of the department as a fireman. It appeared that there was a lapse of about two years and a-half between the date of proceedings complained of and the application for the writ. Held, as above ; the court citing The People v. Hill (53 N. Y., 547); The People v. Stilwell (19 id., 531-533) ; The People v. The Mayor (2 Hill, 12, 13). Douglas A. Levien for appellant. D. J. Dean for respondent. [MAJORITY — Per Curiam mem.] Per Curiam mem. for dismissal of appeal. All concur, Miller, J., absent. Appeal dismissed.