Majority
p. 904In the Matter of the Application of David Ross, Appellant, that a Peremptory Writ of Mandamus Issue to James W. Tuomey, as Clerk of the Municipal Court of the City of New York, Borough of Brooklyn, Seventh District, Respondent.
Order denying motion for peremptory writ of mandamus affirmed, with ten dollars costs and disbursements, upon the opinion of Mr. Justice Callaghan at Special Term. (Reported in 107 Misc. Rep. 726 .) Jenks, P. J., Mills, Putnam, Kelly and Jaycox, JJ., concurred.