Majority
p. 786Second Department, February, 1933.
In the Matter of the Application of Fred J. Crick, Respondent, for a Mandamus Order Directing the Granting of a Building Permit, against George F. Rogers, Building Inspector for the Town of Bedford, Westchester County, New York, Appellant.
The decision of this court handed down on October 31, 1932 [ 236 App. Div. 814 ], is hereby amended to read as follows: 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., Kapper, Scudder, Tompkins and Davis, JJ.