Majority
p. 766In the Matter of the Application of Mirdan Realty Co., Inc., for an Order of Mandamus against Thomas P. Flanagan, as Superintendent of Buildings for the Borough of Brooklyn, City and State of New York. Mirdan Realty Co., Inc., Appellant; Thomas P. Flanagan, Respondent.
Application for a peremptory order of mandamus to compel the issuance of a certificate of occupancy by the superintendent of buildings, borough of Brooklyn. Order denying a peremptory mandamus order unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. No opinion. Present — Hagarty, Carswell, Davis, Adel and Taylor, JJ.