Matter of Young v. Wagner

Full title: In the Matter of JOHN H. YOUNG, III, in Behalf of Himself and All Other…

Court: Court of Appeals of the State of New York

Date published: Oct 31, 1963

194 N.E.2d 47 (N.Y. 1963)

194 N.E.2d 47

244 N.Y.S.2d 217

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.

Bruce McM. Wright and Yvette M. Wright 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.