MATTER OF MULLANEY v. STEBBINS, 295 N.Y. 837 (1946)

66 N.E.2d 852

In the Matter of JAMES V. MULLANEY, Respondent, against ERNEST L. STEBBINS, as Commissioner of Health of the City of New York, Appellant.

Court of Appeals of the State of New York.Argued January 9, 1946
Decided April 18, 1946

Page 838

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

Page 839

Ignatius M. Wilkinson, Corporation Counsel (Francis A. Fullam, Jr., Joseph F. Mulqueen, Jr., and Henry J. Shields of counsel), for appellant.

Patrick I. Flannelly and Fred M. Ahern for respondent.

Order of the Appellate Division reversed and determination of the Commissioner reinstated, with costs in the Appellate Division and in this court. The notice to the petitioner was a sufficient compliance with the statute (Matter of Lanzer v. Moran, 268 App. Div. 947, 294 N.Y. 864). No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ. MEDALIE, J., deceased.

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