Opinion
May 7, 1937.
In a proceeding instituted to procure a peremptory or an alternative mandamus order against the respondent, a justice of the peace of the town of Eastchester, county of Westchester, order denying petitioner's motion for a peremptory or an alternative order of mandamus affirmed, with costs, as a matter of law and not in the exercise of discretion. No opinion. Carswell, Adel, Taylor and Close, JJ., concur; Lazansky, P.J., not voting.