Summary
In Matter of Ryan v. Hand (258 App. Div. 912), that very provision of the Mount Vernon City Charter was construed and this court there said: "The redress of petitioner's alleged grievance is controlled exclusively by section 127-f of the Charter of the City of Mount Vernon. * * * He may not, therefore, have recourse to article 78 of the Civil Practice Act" (now article 78 of the CPLR).
Summary of this case from Lo Bello v. McLaughlinOpinion
December 19, 1939.
Present — Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ.
Order granting respondent's motion to dismiss the petition herein for an order under article 78, Civil Practice Act, unanimously affirmed, with ten dollars costs and disbursements. The redress of petitioner's alleged grievance is controlled exclusively by section 127-f of the Charter of the City of Mount Vernon. [See Laws of 1922, chap. 490, § 127-f, added by Local Laws of 1928, No. 1 (Mount Vernon).] He may not, therefore, have recourse to article 78 of the Civil Practice Act.