Majority
p. 724In the Matter of the Application of Abraham Schnall, Petitioner, for a Mandamus Order against Harry J. Hill, Justice of the Peace of the Town of Eastehester, County of Westchester, Defendant. Abraham Schnall, Appellant; Harry J. Hill, Justice of the Peace, Town of Eastehester, County of Westchester, New York, Respondent.
In a proceeding instituted to procure a peremptory or an alternative mandamus order against the respondent, a justice of the peace of the town of Eastehester, county of Westchester, order denying petitioner’s motion for a peremptory or an alternative order of mandamus affirmed, with costs, as a matter of law and not in the exercise of discretion. No opinion. Carswell, Adel, Taylor and Close, JJ., concur; Lazansky, P. J., not voting.