Majority
p. 591In the Matter of the Application of Lawrence Peterson, Respondent, for an Order of Mandamus against L. Barron Hill, District Attorney of Suffolk County, and Sherburne P. Sweetland, Appellants.
Order of peremptory mandamus reversed on the law and not in the exercise of discretion, without costs, and petition dismissed, without costs, on authority of Matter of Budd v. Hill (ante, p. 590), decided herewith. The appeal, in so far as it purports to bring up for review the denial of the motion to set aside the verdict and the motion for a new trial is dismissed. There is no such order in the record. Lazansky, P. J., Young, Hagarty, Carswell and Taylor, JJ., concur.