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134 William Street Co. v. Bennett

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 The 134 William Street Co., Inc., Appellant, for a Mandamus Order against John J. Bennett, Jr., as an Individual and as Attorney-General of the State of New York, and Others, Respondents.

Order affirmed, with ten dollars costs and disbursements. Hill, P. J., Crapser, Bliss 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.