Majority
p. 880In the Matter of the Application of Apartment Homes Company, Inc., Appellant, and on Behalf of All Others Similarly Situated, for a Writ of Mandamus against Charles Snedeker, Supervisor, Charles E. Schmidt, Town Clerk, and Arthur W. Jones and Others, Constituting the Town Board of the Town of North Hempstead, County of Nassau, State of New York, Respondents.
Order denying motion for a peremptory mandamus order unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. No opinion. Present — Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ.