People ex rel. May v. Bingham — 130 A.D. 118

Majority

p. 118

The People of the State of New York ex rel. George G. May, Appellant, v. Theodore A. Bingham, as Police Commissioner of the City of New York, Respondent.

First Department,

January 15, 1909.

Headnote

See head note in People ex rel. Murphy v. Bingham (ante, p. 112).

Appeal by the relator, George G. May, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 26th day of February, 1908, denying the relator’s motion for a peremptory writ of mandamus.

William H. Good, for the appellant.

Theodore Connoly, for the respondent.

This appeal presents the same questions as those considered and decided in People ex rel. Murphy v. Bingham ( 130 App. Div. 112 ),

p. 119

argued and decided herewith, and on the authority of the opinion in that case the order denying the writ is affirmed, with ten dollars costs and disbursements.

Present — Ingraham, Laughlin, Clarke, Houghton and Scott, JJ.

Order affirmed, with ten dollars costs and disbursements.