Majority
p. 823In the Matter of the Application of George M. Spawn, Respondent, for a Mandamus Order against James W. Fleming, as Comptroller of the State of New York, Appellant.
Decision amended so as to read as follows: Order reversed on the law, without costs, and motion denied, without costs. Opinion by McCann, J. [Reported in 208 App. Div. 582 .]
All concur, except Hinman, J., dissenting with an opinion, in which Cochrane, P. J., concurs.