Majority
p. 739
In the Matter of the Petition of Frank Milano, Appellant, for an Order of Mandamus against Department of Health, Respondent.
Order denying application for a peremptory or an alternative mandamus order unanimously affirmed, without costs, as a matter of law and not in the exercise of discretion. No opinion. Present Lazansky, P. J., Kapper, Hagarty, Seudder and Tompkins, JJ.