Opinion
June, 1931.
Present — Lazansky, P.J., Kapper, Scudder, Tompkins and Davis, JJ. On the court's own motion, the decision handed down on June 5, 1931, is hereby amended to read as follows: Order denying motion for a peremptory mandamus order unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion, upon opinion of Mr. Justice May at Special Term.
See ante, pp. 851, 852. — [REP.
Reported in 139 Misc. 614. — [REP.
Present — Lazansky, P.J., Young, Kapper, Hagarty and Carswell, JJ.
Motion for leave to appeal to the Court of Appeals granted.