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Helmrich v. Emerson

251 A.D. 723 Court N.Y. App. Div. Decision date 1937-05-07 English

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p. 723
In the Matter of the Application of Helen V. Helmrich, Appellant, for a Mandamus Order against Blanche S. Emerson, as Director of Public Welfare of the City of New Rochelle, and Others, Respondents.

Order denying application for an alternative order of mandamus unanimously affirmed, without costs, as a matter of law and not in the exercise of discretion. No question of fact is presented under the petition and the answering affidavit. Present — Carswell, Davis, Adel and Close, JJ.; Lazansky, P. J., not voting.