MATTER OF OLEET v. HILDRETH


286 A.D. 886 (1955)

In the Matter of Rae A. Oleet, Appellant-Respondent, v. Elmer Hildreth et al., as Members of the Common Council of The City of Mount Vernon, Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 27, 1955.


Order reversed on the law, with $10 costs and disbursements, the petition granted, and the members of the common council directed to issue the curb-lowering permit.

There is no necessity for remission of the matter, inasmuch as the return to the petition herein shows that the council refused the permit on the ground of traffic congestion and in the interests of public safety. (People ex rel. Fordham Manor Reformed Church v. Walsh, 244 N.Y. 280.) Considerations...

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