Majority
p. 810In the Matter of the Complaint of John Becraft, as Supervisor-elect of the Town of Ohio, Herkimer County, New York, Appellant, against Daniel F. Strobel, Respondent.
Order affirmed, with costs. All concur, except Sears, P. J., and Taylor, J., who dissent and vote for reversal and for granting the motion on the authority of Matter of Bradley (141N. Y. 527) and Matter of Fitzgerald ( 88 App. Div. 434 ). (The order dismisses the complaint in a proceeding under section 80 of the Public Officers Law to compel predecessor to deliver books and papers to Ms duly-elected successor.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.