Majority
p. 901In the Matter of the Application of Charles Edkins, Appellant, for a Writ of Mandamus against W. W. Wotherspoon, as Superintendent of Public Works of the State of New York, Respondent.
Order amended so as to read as follows: Ordered, that the order so appealed from be and the same hereby is unanimously affirmed, with ten dollars costs and disbursements. This order is affirmed as a matter of law and not in the exercise of discretion.