Opinion
June, 1936.
Present — Sears, P.J., Taylor, Thompson, Crosby and Lewis, JJ.
Order affirmed, with costs. All concur, except Sears, P.J., and Taylor, J., who dissent and vote for reversal and for granting the motion on the authority of Matter of Bradley ( 141 N.Y. 527) and Matter of Fitzgerald ( 88 App. Div. 434). (The order dismisses the complaint in a proceeding under section 80 Pub. Off. of the Public Officers Law to compel predecessor to deliver books and papers to his duly-elected successor.)