Opinion
October 1, 1951.
Proceeding under article 78 of the Civil Practice Act for an order directing the board of trustees of the Incorporated Village of Island Park to determine by lot which of two candidates for the office of village trustee who were shown by the canvass of votes to have received an equal number of votes at the annual election on March 20, 1951, shall be deemed elected. Order dismissing petition reversed on the law, with $10 costs and disbursements to petitioner-appellant, and the prayer of the petition granted. In our opinion such determination by the village board of trustees is a duty specifically enjoined upon them by section 53 of the Village Law which they have failed to perform. (See Matter of Frame, 69 Misc. 568.) Carswell, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ. Settle order on notice.