Opinion
December 18, 1908.
Julius M. Mayer, for the appellant.
Clarence L. Barber, for the respondent.
For the reasons stated in People ex rel. Wineburgh Advertising Co. v. Murphy ( 129 App. Div. 260), decided herewith, the order appealed from must be reversed and the motion for a peremptory mandamus granted.
PATTERSON, P.J., and INGRAHAM, J., concurred; LAUGHLIN, J., concurred for the reasons stated in his dissenting opinion in City of New York v. Wineburgh Advertising Co., No. 4 ( 124 App. Div. 641); CLARKE, J., dissented.
Order reversed, and motion for peremptory mandamus granted. Settle order on notice.