Majority
p. 838In the Matter of the Application of Antonio D’Anna, Appellant, for a Peremptory Mandamus Order against Hon. Henry J. Kimball, Judge of the County Court of Jefferson County, State of New York, Respondent.
Order of affirmance entered May 28,1937 [ 251 App. Div. 796 ], amended by adding that the affirmance is upon the law and not in the exercise of discretion and motion for leave to appeal to the Court of Appeals denied, without costs. Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.