In the Matter of the Petition of Joseph Picone, Appellant, Against the Commissioner of Licenses of the City of New…

Summary

The New York Court of Appeals held that the commissioner of licenses could not refuse a junk boat license to a fit and proper applicant because the applicant lacked a junk shop license or because the commissioner claimed the number of licenses was limited. The Court found that such restrictions are not authorized by the ordinance and constitute an abuse of discretion. Accordingly, the Court reversed the lower courts and granted a peremptory writ of mandamus.