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MTR. OF TRAVEL HOUSE v. GRZECHOWIAK

31 A.D.2d 74 (1968)

In the Matter of Travel House of Buffalo, Inc., Appellant, v. Edward A. Grzechowiak, City of Buffalo Director of Licenses, et al., Respondents

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

December 5, 1968.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (Victor T. Fuzak of counsel), for Travel House of Buffalo, Inc., appellant.

Anthony Manguso, Corporation Counsel, for Edward A. Grzechowiak, respondent.

Raichle, Moore, Banning & Weiss (James O. Moore, Jr., of counsel), for Van Dyke Taxi & Transfer Co., Inc., respondent.

Charles J. McDonough for Madison Taxi of Buffalo, Inc., respondent.

Robert P. Freedman for City Service Taxicab of Buffalo, Inc., respondent.

John J. Olszewski, petitioner in person.

HENRY, J., concurs in all respects except that he dissents from that part of the opinion which says that the Director of Licenses should act upon petitioner's application for unissued licenses as though filed for 1969. WILLIAMS, J., dissents, and votes to affirm the judgment as to all the parties involved.

DEL VECCHIO, J.

This is an appeal from a judgment dismissing the petition in an article 78 proceeding by which petitioner sought to annul the action of respondent City of Buffalo Director of Licenses in renewing certain taxicab licenses for the year 1965 and to compel him to accept and act upon applications for such licenses filed by petitioner. Appeal is also taken from an order denying petitioner's motion to...

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