Majority
p. 758In the Matter of the Application of Archie J. Brooks, Appellant, for a Mandamus Order against Arthur J. Kreutzer, Supervisor of the Town of Huntington, Suffolk County, New York, and John C. Toaz, John J. King, Joseph Cermak and Richard A. Graf, Justices of the Peace of the Town of Huntington, All Constituting the Town Board of the Town of Huntington, Suffolk County, New York, Respondents.
Petitioner applied for a peremptory mandamus order requiring the town board of the town of Huntington, Suffolk county, to reinstate him to the position of special policeman. Order denying the issuance of a mandamus order unanimously affirmed as a matter of law and not in the exercise of discretion, without costs. No opinion. Present — Hagarty, Carswell, Davis, Adel and Taylor, JJ.