Opinion
February, 1933.
Present — Lazansky, P.J., Kapper, Scudder, Tompkins and Davis, JJ.
The decision of this court handed down on October 31, 1932 [ 236 App. Div. 814], is hereby amended to read as follows: Peremptory mandamus order unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. No opinion.