First Department,
November, 1923.
In the Matter of the Application of Charles L. Craig, as Comptroller of the City of New York, Respondent, for a Peremptory Mandamus Order against Peter J. Brady, Supervisor of the City Record, Appellant. (Proceeding No. 2.)
Mandamus — purposes for which order will issue.
Appeal from a peremptory mandamus order of the Supreme Court, made at the New York Special Term and entered in the New York county clerk’s office June 22, 1923, directing the appellant to print the calendars for the meetings of the board of commissioners of the sinking fund of New York city.
[MAJORITY — Per Curiam:]
Per Curiam:
A mandamus order issues only for the enforcement of a clear legal right or for the performance of a directed legal duty. An examination discloses no provision of ordinance or statute requiring the preparation or publication of a calendar of matters to be passed upon by the board. There is, therefore, no justification for the order of mandamus appealed from, and the order should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Present — Clarke, P. J., Dowling, Smith, Merrell and McAvoy, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.