Majority
p. 756In the Matter of the Application of Clifford H. Keep, Appellant, for an Order of Mandamus against The Board of Estimate and Apportionment of The City of New York, and Fiorello H. LaGuardia and Others, Constituting the Board of Estimate and Apportionment of the City of New York, Respondents.
Order denying petitioner’s motion for a peremptory mandamus order commanding the payment of a specified sum claimed to be due him as part of his compensation as probation officer in the County Court for the years 1933 to 1936 and the first half of 1937 unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. No opinion. Present —■ Hagarty, Carswell, Johnston, Adel and Taylor, JJ.