Opinion
Argued June 9, 1933
Decided July 11, 1933
Appeal from the Supreme Court, Appellate Division, Third Department.
Edward G. Griffin for appellants.
John J. Bennett, Jr., Attorney-General ( Henry Epstein of counsel), for Charles A. Harnett, as Commissioner, etc., respondent.
Harold Riegelman and H.H. Nordlinger for Yellow Taxi Corporation of New York et al., respondents.
Order denying the order of mandamus affirmed without examining other questions, on the ground that the relators mistakenly brought the original proceeding in the Appellate Division, which was without jurisdiction to grant such an order. (Civ. Prac. Act, §§ 1317, 1318; Laws of 1880, ch. 178.) No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN and CROUCH, JJ. Not sitting: HUBBS, J.