Opinion
January, 1934.
Order granting motion for a peremptory mandamus order reversed on the law, and the motion denied, without costs, as a matter of law and not in the exercise of discretion, on the ground that the respondent has failed to show any legal right to a pro rata share of the funds received by the appellants pursuant to chapter 594 of the Laws of 1915. Lazansky, P.J., Young, Kapper and Carswell, JJ., concur; Davis, J., concurs on the ground that the application presented no new facts and the petitioner was already receiving all the relief he had claimed in his first application; and there was nothing upon which the board of trustees was required to act. The petition sets up facts not presented to the board.
Amending Greater N.Y. Charter, §§ 798 et seq. — [REP.