Majority
p. 933The People of the State of New York ex rel. John J. Hicks, Relator, v. Abel E. Blackmar, as Justice of the Supreme Court, etc., Defendant.
It appears by the answering affidavit that the justice, having a discretion regarding his calendar, marked this cause off for the term in view of the probable duration of the trial. This did not deprive the parties of their right, under section 990 of the Code of Civil Procedure, to a trial in Kings county at a following Special Term. Motion for writ of mandamus denied, with ten dollars costs. Present — Jenks, P. J., Thomas, Stapleton, Mills and Putnam, JJ.