Majority
p. 917In the Matter of the Application of William C. Duell for a Peremptory Writ of Mandamus against Martin H. Glynn, as Comptroller of the State of New York.
Motion granted, and question certified as follows: The surrogate of Westchester county having recommended a qualified person for appointment under the provisions of section 334 of the Tax Law,[1] as amended by chapter 368 of the Laws o£ 1905, as transfer tax assistant in his office, may the Comptroller appoint another qualified person, who has not been recommended by the surrogate?[2]
* Laws of 1896, chap. 908.—[Rep.
† † See Matter of Duell v. Glynn ( 122 App. Div. 314 ).— [Rep.