Majority
p. 958In the Matter of the Application of Maurice T. Bolmer, Petitioner, Appellant, for an Order of Mandamus against Austin H. MacCormick, Commissioner of the Department of Correction, and Others, Respondents.
Final order unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that there were issues of fact to be submitted to the jury. It is doubtful, however, whether complete relief can be obtained in this proceeding without the presence of Theodore Rosen as a party. Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.