Majority
p. 819In the Matter of the Application of The People of the State of New York, ex rel. H. Frazer Kammeyer, Appellant, for a Peremptory Mandamus Order against Robert G. Anderson and Others, as Members of the Town Board of the Town of Hempstead, Respondents.
Order denying the application for a peremptory order of mandamus unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion, on authority of Ashton v. City of Rochester ( 133 N. Y. 187 ); Peoples Gas & Electric Co. v. City of Oswego, No. 1 ( 207 App. Div. 134 ); Freeman Judgments [5th ed.], p. 956.) Appellant failed to intervene in the Flannery proceeding. Appeal from order denying motion for resettlement dismissed. In reaching a conclusion in this case we assume the petition presented to the town board was in due order. Present — Lazansky, P. J., Kapper, Hagarty, Scudder and Tompkins, JJ.
Cases cited
- Ashton v. City of Rochester 133 N. Y. 187 p. 819