Majority
p. 725In the Matter of the Application of the People of the State of New York ex rel. Thomas Kenny, Respondent, for a Peremptory Mandamus Order against Charles L. Craig, as Comptroller of the City of New York, Appellant.
Order granting plaintiff’s motion for a peremptory order of mandamus unanimously affirmed, with ten dollars costs and disbursements, on authority of Matter of People ex rel. Rea v. Prendergast ( 178 App. Div. 930 ; affd., 22Í N. Y. 582) and Matter of People exrel. Cantor v. Craig ( 202 App. Div. 840 ). Present — Kelly, P. J., Rich, Jayeox, Kelby and Young, JJ.