Opinion
Argued June 2, 1927
Decided June 21, 1927
Appeal from the Supreme Court, Appellate Division, First Department.
George P. Nicholson, Corporation Counsel ( Joel J. Squier and William B.R. Faber of counsel), for appellant.
Frederick W. Hottenroth and Arthur D. Lyons for respondent.
Order of the Appellate Division and that of Special Term modified by directing the entry of an alternative order of mandamus and as modified affirmed, without costs to either party in the Appellate Division or in this court; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.