Majority
p. 773In the Matter of the Application of Glenn Learn, Appellant, for a Mandamus Order against James Devine, Supervisor, and Others, Constituting the Town Board of the Town of Humphrey, County of Cattaraugus, New York, Respondents.
— Order affirmed, with costs, on the ground that the mandamus proceeding is not the proper remedy under the circumstances. We express no opinion as to the validity of the appointment of the incumbent Cleveland, as that question is not pertinent to the decision made. All concur.