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Matter of the Application of Henry J. Semken for a Peremptory Writ of Mandamus to James M. Fitzsimons, Justice of the City Court

New York Court of Common Pleas1895-07
13 Misc. 488

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Bischoff, J.

In the absence of some statutory provision to-such an effect, the City Court of Hew York is without jurisdiction to grant a writ of certiorari to review an adverse determination of the board of excise in the city of Hew York upon an application for a license. People ex rel. McMahon v. Board of Excise, 3 N. Y. St. Repr. 253.

Assuming that the City Court of Hew York is a “city court ” within the meaning of section 1 of chapter 481 of the Laws of 1893, still, jurisdiction to grant the writ is not apparent. • The statute alluded to provides that a writ of certiorari “may be made returnable to and the cause heard by a city court,” etc., but nowhere empowers the City Court to grant or issue the writ. Motion denied.-

Motion denied.