AMUNDSON v. ARMSTRONG, 245 N.Y. 533 (1927)

157 N.E. 846

EDWARD C. AMUNDSON, Doing Business under the Firm Name of W.L. MILDRUM AND COMPANY, Appellant, v. JAMES W. ARMSTRONG, as Superintendent of Buildings of the City of Yonkers et al., Respondents.

Court of Appeals of the State of New York.Argued March 28, 1927
Decided April 7, 1927

Appeal from the Supreme Court, Appellate Division, Second Department.

John J. Finn for appellant.

Arthur C. Hume, Corporation Counsel (Joseph W. Bryan of counsel), for respondent.

Per Curiam.

Without passing upon other questions presented by this appeal, we hold that the petitioner’s failure to comply with the provisions of sections 7 and 8 of General Ordinance No. 1 of 1921 of the city of Yonkers justifies the action of the Superintendent of Buildings in refusing a permit for the erection of a billboard, and that no question as to the constitutional validity of such ordinance is presented by the record.

The order should be affirmed with costs.

CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O’BRIEN, JJ., concur.

Order affirmed.

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