Fischer v. Faculty of the New York University (161 A.D. 946, 1914)

Motion for mandamus denied, without costs, on the ground that the faculty of the Hew York University, in passing on the qualifications of the petitioner, acts as a quasi-judicial body, whose determination cannot be reversed by mandamus (People ex rel. Jones v. N. Y. Homeopathic Medical College & Hospital, 47 N. Y. St. Repr. 395); also in that this court has original jurisdiction to grant the writ of mandamus only to a judge or judges (Code Civ. Proc. § 2069), and further, that the remedy by alternative writ of mandamus has been passed upon by the Special Term, and denied by order of Mr. Justice Blackmar, February 26, 1914. Present — Jenks, P. J., Burr, Thomas, Carr and Putnam, JJ.