Majority
p. 772In the Matter of the Application of Vito Petrino, Appellant, for an Order of Mandamus against Hon. Jacob Gould Schurman, as Chief City Magistrate of the City of New York, Respondent.
The order of September 10, 1935, resettling order of August 20, 1935, denying the application for a peremptory order of mandamus is unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. No opinion. Present — Lazansky, P. J., Young, Hagarty, Davis and Johnston, JJ.