In the Matter of Frederick Small, Respondent, Against Paul Moss, as Commissioner of Licenses of the City of New…

Summary

The New York Court of Appeals affirmed the Appellate Division’s order granting mandamus, holding that the Commissioner of Licenses lacks statutory authority to deny a motion‑picture theatre license on the basis of a traffic hazard or general public‑welfare considerations, and that the Commissioner’s refusal was arbitrary because no evidence of such danger was presented.