Opinion
Argued October 30, 1963
Decided October 31, 1963
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL M. GOLD, J.
Robert J. Feldman for appellant.
Leo A. Larkin, Corporation Counsel ( Bernard Friedlander, Pauline K. Berger and Barbara M. Watson of counsel), for respondents.
Order affirmed, without costs. The Appellate Division acted within its discretionary power in affirming the denial of the petition in this mandamus proceeding because of delay in bringing it. We reach no other question. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.