Majority
p. 798In the Matter of the Application of Joseph Hart for an Order of Mandamus Directed to Frances Perkins, Industrial Commissioner, as Administrator of the State Insurance Fund.[1]
Order reversed on the law, with costs, and petition for peremptory mandamus order granted, without costs, on the ground that a clear legal right to the penalty is shown and no facts are brought to our attention permitting denial of the relief as a matter of discretion. All concur. Present — Sears, P. J., Crouch, Edgeomb, Thompson and Crosby, JJ.