General
In the Matter of the Application of John F. Franz, Appellant, for a Peremptory Order of Mandamus against Eugene M. Heiney, as City Clerk of the City of New Rochelle, Respondent
232 A.D. 841·New York Supreme Court, Appellate Division·1931·NY
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Opinion
In the Matter of the Application of John F. Franz, Appellant, for a Peremptory Order of Mandamus against Eugene M. Heiney, as City Clerk of the City of New Rochelle, Respondent.
[MAJORITY]
The decision of this court handed down on March 13, 1931, is hereby amended to read as follows: Order denying motion for a peremptory mandamus order affirmed as a matter of law and not as a matter of discretion, with fifty dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Carswell and Tompkins, JJ., concur; Scudder, J., dissents and votes for reversal.
See ante, p. 832.-—■ [Rep.