Opinion
Argued September 30, 1937
Decided October 19, 1937
Appeal from the Supreme Court, Appellate Division, First Department.
Arthur G. Syran for appellant.
Paul Windels, Corporation Counsel ( Edmund L. Palmieri, Paxton Blair and Robert H. Schaffer of counsel), for respondents.
Order of Appellate Division and that of the Special Term reversed, and a peremptory order of mandamus compelling re-examination in accordance with Matter of Fink v. Finegan ( 270 N.Y. 356) and Matter of Sloat v. Board of Examiners ( 274 N.Y. 367), granted, with costs to the appellant in all courts. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.