Opinion
September, 1930.
Peremptory mandamus order reversed upon the law and the facts, without costs, and motion denied, without costs, without prejudice to such other remedy as the facts may warrant. The issuance of a mandamus order is within the discretion of the court. Under the facts here presented, this court is of opinion that it was an abuse of discretion to grant the order. Lazansky, P.J., Rich, Young, Scudder and Tompkins, JJ., concur.