Majority
p. 854In the Matter of the Application of Joseph Bisceglia & Sons, Inc., Appellant, for a Mandamus Order against C. Charles Colao and Others, as Members of and Constituting the Board of Education, Union Free School District No. 7, Town of Harrison, N. Y., and Frank Krewet, as Treasurer of Said School District, Respondents.
Order unanimously affirmed, with costs. The facts are in dispute. The right of the petitioner to a mandamus order is not clear. He should proceed by action to recover the sum claimed to be due under the contract. Present — Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ.