Majority
p. 1006In the Matter of the Application of George M. Estabrook, Appellant, for an Order of Mandamus against W. Taylor Chamberlain, Mayor, and Others, as Trustees Constituting the Board of Trustees of the Village of Hempstead, Nassau County, New York, and Others, Respondents.
On reargument: Order denying motion for a peremptory mandamus order unanimously affirmed, without costs, as a matter of law and not in the exercise of discretion. The building zone ordinance was duly adopted. Order denying motion for resettlement of order of November 15, 1932, affirmed, without costs. Appeal from order denying motion for reargument of motion for peremptory mandamus order dismissed. No opinion. Present — Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ. [See ante, p. 840.]