Appellate Division of the Supreme Court of the State of New York December 15, 1921 (People ex rel. Walsh v. Kleinert)

Final order reversed, and petition of the relator dismissed, with costs, upon the ground, first, that the relator, before seeking a writ of mandamus, should have appealed to the board of appeals, in accordance with *837the provisions of the Building Code; * and, second, upon the ground that the owner of the property was not made a party to the proceedings and is entitled to her day in court.