Majority
p. 987In the Matter of the Application of The People of the State of New York ex rel. John J. Devine, Respondent, for a Peremptory Order of Mandamus against Charles W. Berry, as Comptroller of the City of New York, Appellant.
The parties having stipulated in writing that this appeal may be decided by a court consisting of Mr. Justices Young, Scudder, Tompkins and Davis, the decision of the court is as follows: Peremptory mandamus order unanimously affirmed, with costs. No opinion. Present — Young, Scudder, Tompkins and Davis, JJ.