Majority
p. 842
In the Matter of the Application of Brownell Bros., Inc., Respondent, for a Mandamus Order against Town Board of the Town of Waterford, Appellant.
Order reversed on the law, and application denied, with fifty dollars costs and disbursements, on the ground that the petition and accompanying affidavits, as traversed by the affidavits and records read on the part of the town, present no issue of fact to be tried. Van Kirk, P. J., Hinman, Davis, Whitmyer and Hill, JJ., concur.