Opinion
December 30, 1942.
Although the irregularity in the notice of appeal should have been corrected upon proof by affidavit that it was inadvertent or excusable, the notice is deemed amended and the order granting respondent's motion for a temporary injunction is affirmed, with ten dollars costs and disbursements. The first and second hearings before the appellants' trial board constituted in effect, but one trial, in the subject-matter of which the trial board had a personal interest. The proof was sufficient to justify the conclusion of the Special Term to the effect that the plaintiff could not secure a fair and impartial trial because of the implied bias on the part of the trial board, which rendered the proceeding contrary to natural justice. Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ., concur.