MATTER OF BERGER v. DUMPER


7 Misc.2d 183 (1957)

In the Matter of Freda K. Berger, Petitioner, v. Henry A. Dumper, as Building Inspector of the Incorporated Village of Roslyn Estates, Respondent.

Supreme Court, Special Term, Nassau County.

February 20, 1957.


Attorney(s) appearing for the Case

Gunn, Neier & Daiker for petitioner.

Junius P. Wilson, Jr., for respondent.


MARCUS G. CHRIST, J.

Application for a mandamus against the building inspector of the Village of Roslyn Estates denied. The petitioner seeks to require the village building inspector to grant a permit for a business building in an area zoned by the village for residential purposes. A mandamus is a remedy to be used only where an official has refused to do his clear duty. It cannot be said in this case that a...

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