
    Matter of the Application of Henry J. Semken for a Peremptory Writ of Mandamus to James M. Fitzsimons, Justice of the City Court.
    (New York Common Pleas—Special Term,
    July, 1895.)
    The City Court of New York has no power to grant a writ of certiorari to review an adverse determination of the hoard of excise upon an application for a license. (
    Motion for writ of mandamus.
    
      Browne & Sheehan,, for motion.
    
      James M. Fitzsimons, in person, opposed.
   Bischoff, J.

In the absence of some statutory provision to-such an effect, the City Court of Hew York is without jurisdiction to grant a writ of certiorari to review an adverse determination of the board of excise in the city of Hew York upon an application for a license. People ex rel. McMahon v. Board of Excise, 3 N. Y. St. Repr. 253.

Assuming that the City Court of Hew York is a “city court ” within the meaning of section 1 of chapter 481 of the Laws of 1893, still, jurisdiction to grant the writ is not apparent. • The statute alluded to provides that a writ of certiorari “may be made returnable to and the cause heard by a city court,” etc., but nowhere empowers the City Court to grant or issue the writ. Motion denied.-

Motion denied.  