Majority
p. 917In the Matter of the Application of Frank Rose, Anthony Gamboli and John Tomovick, Appellants, for a Mandamus Order against Victor J. Shankey and Others, Constituting the Town Council of the Town of Haverstraw, and the Town of Haverstraw, Respondents.
Order denying petitioners’ motion for a peremptory order of mandamus unanimously affirmed as matter of law and not in the exercise of discretion, without costs. No opinion. Present — Lazansky, P. J., Carswell, Davis, Johnston and Adel, JJ.