Matter of Lewis v. Laguardia

Full title: In the Matter of the Application of FREDERICK Z. LEWIS and Others…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 23, 1934

240 App. Div. 274 (N.Y. App. Div. 1934)

269 N.Y.S. 586

Opinion

February 23, 1934.

Appeal from Supreme Court of New York County.

Leonard M. Wallstein of counsel [ Samuel D. Smoleff and Leonard M. Wallstein, Jr., with him on the brief; Leonard M. Wallstein, attorney], for the appellants.

Henry J. Shields of counsel [ Willard S. Allen with him on the brief; Paul Windels, Corporation Counsel], for the respondents.

MARTIN, J.

For the reasons stated in the opinion in Matter of Poucher v. LaGuardia ( 240 App. Div. 271), handed down herewith, the order appealed from should be modified by granting an alternative order of mandamus, and as so modified affirmed, without costs.

FINCH, P.J., MERRELL, O'MALLEY and UNTERMYER, JJ., concur.

Order modified by granting an alternative order of mandamus, and as so modified affirmed, without costs. Settle order on notice.