Majority
p. 738In the Matter of the Application of Lawrence Peterson, Respondent, for an Order of Mandamus against L. Barron Hill, District Attorney of Suffolk County, and Another, Appellants.
Peremptory order of mandamus reversed on the law, without costs, and matter remitted to Special Term to proceed as directed under the authority of Matter of Budd v. Hill (ante, p. 735), decided herewith. Hagarty, Scudder, Tompkins and Davis, JJ., concur; Lazansky, P. J., votes for reversal and denial of the motion for the reasons stated in his dissenting memorandum (ante, p. 735) decided herewith.