
    In the Matter of the Application of Dorato-Cerutti Corporation, Respondent, against Edwin J. O’Malley, as Commissioner of Public Markets, Appellant.
    
      Markets — permit for stands — assignment — when mandamus granted to compel commissioner of public markets to approve transfer of permits.
    
    
      Matter of Dorato-Cerutti Corp. v. O’Malley, 203 App. Div. 890, affirmed.
    (Argued January 10, 1923;
    decided January 30, 1923.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 10, 1922, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the commissioner of public markets to approve the assignment and transfer to petitioner of certain permits for stands in a public market issued to another corporation. For more than thirty years G. H. Lewis & Sons, Inc., had held many permits for stands in West Washington Market. About a year previous to the institution of this proceeding it transferred to respondent, with the consent and approval of appellant, permits for four of its stands. It is still the licensee of five more stands and desires to assign two of them to respondent. Appellant refused his consent to such proposed assignment. The Special Term granted the motion for mandamus upon the ground that the refusal was arbitrary and unreasonable.
    
      George P. Nicholson, Corporation Counsel (John F. O’Brien and John Lehman of counsel), for appellant.
    
      Charles L. Hoffman and Henry A. Friedman for respondent.
   Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Pound, McLaughlin and Andrews, JJ. Dissenting: Hogan, Cardozo and Crane, JJ.  