General
In the Matter of the Application of Fred Marsella, Appellant-Respondent, for an Order of Mandamus against Francis Souhan, as Mayor, Howard W. Cardwell and Others, as Trustees of the Village of Seneca Falls, All Constituting the Village Board, etc., Respondents-Appellants
248 A.D. 678·New York Supreme Court, Appellate Division·1936·NY
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Opinion
In the Matter of the Application of Fred Marsella, Appellant-Respondent, for an Order of Mandamus against Francis Souhan, as Mayor, Howard W. Cardwell and Others, as Trustees of the Village of Seneca Falls, All Constituting the Village Board, etc., Respondents-Appellants.
[MAJORITY]
Order made October 5, 1935, affirmed, with costs; appeal from order made September 9, 1935, dismissed as academic in view of the decision on appeal from order of October 5, 1935, without costs. All concur. (The mandamus order made October 5, 1935, directs reinstatement of petitioner as truck driver; the other order denies motion to dismiss the proceeding.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Lewis, JJ.