Alexe v. Isbister — 215 A.D. 838

Majority

p. 838

In the Matter of the Application of Frank Alexe, Respondent, for a Mandamus Order against John Isbister, as Building Inspector of the Village of Larchmont, Appellant.

Peremptory mandamus order unanimously affirmed, without costs. In this case the issues raised by the answering affidavits were in fact tried by the Special Term, and the justice, after hearing the evidence, decided in favor of the petitioner and granted the mandamus order. We think that the evidence justified his conclusion. Present — Kelly, P. J., Rich, Jaycox, Manning and Young, JJ.