Osborne v. Prendergast — 209 N.Y. 581

Majority

p. 581

In the Matter of the Application of Thomas W. Osborne, Respondent, for a Peremptory Writ of Mandamus against William A. Prendergast, as Comptroller of the City of New York, et al., Appellants.

Headnote

Matter of Osborne v. Prendergast, 157 App. Div. 910 , affirmed.

(Argued October 28, 1913;

decided November 18, 1913.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 6,1913, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel payment of the claim of a stenographer for furnishing a copy of the minutes of a murder trial to the

p. 582

court, to be transmitted by it to the governor under section 493 of the Code of Criminal Procedure.

Archibald R. Watson, Corporation Counsel (Terence Farley and George P. Nicholson of counsel), for appellants.

Royal F. T. Riggs for respondent.

Order affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Werner, Collin, Cuddeback, Hogan and Miller, JJ.