Matter of Rosenbush v. Keller
New York Court of Appeals
Matter of Rosenbush v. Keller, 2 N.E.2d 659 (N.Y. 1936)
271 N.Y. 282; 1936 N.Y. LEXIS 1198
Crane, Crouch, Finch, Hubbs, Lehman, Loughran, O'Brien
Matter of Rosenbush v. Keller
Opinion of the Court
Appellant was not entitled to resort to the remedy of mandamus without availing herself of the right to appeal to the Board of Standards and Appeals. (Matter of Towers Management Corp. v. Thatcher, 271 N. Y. 94; decided May 19, 1936.) That Board is also empowered on a proper application to consider the argument here made on the basis of unnecessary hardship. (Amended Building Zone Resolution, § 21; see New York Code of Ordinances, Appendix B.)
The order should be affirmed, without costs.
Order affirmed.
Reference
- Full Case Name
- In the Matter of Eva Rosenbush, Appellant, Against Frank C. Keller, as Commissioner of Buildings of the Borough of Queens, Respondent
- Cited By
- 11 cases
- Status
- Published