Opinion
February, 1932.
Order denying relator's motion for a peremptory mandamus order reversed on the law and not in the exercise of discretion, without costs, and motion granted. We are of opinion that the order in question, having been signed by a justice of the court with the direction that it should be entered, should have been received and filed by the clerk. Young, Scudder and Tompkins, JJ., concur; Lazansky, P.J., and Davis, J., dissent.