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Clark v. Green

240 A.D. 920 Court N.Y. App. Div. English

Decision Majority · Concurring — McNamee, J.

Contents
p. 920
In the Matter of the Application of Adelbert D. Clark, Appellant, for a Peremptory Order of Mandamus against Edward B. Green and Others, as the State Board of Examiners of Architects, Respondents.

Order affirmed, with ten dollars costs and disbursements. The remedy, if any, is certiorari. Hill, P. J., Rhodes, Crapser and Heffernan, JJ., concur; McNamee, J., concurs in affirmance.

(concurring). Mandamus is a special proceeding, terminating in a final order, and the costs thereon are fixed by section 1492 of the Civil Practice Act, and are the same as on an appeal' from a final judgment, and accordingly the respondents are entitled to costs as on an appeal from a final judgment.