General
In the Matter of the Application of George Zovick, Petitioner, for a Peremptory Order of Mandamus against Hon. Edward W. Eaton, as County Judge of Tioga County, or any Judge of the County Court Holding Term in and for Tioga County, Respondent
258 A.D. 1029·New York Supreme Court, Appellate Division·1940·NY
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Opinion
In the Matter of the Application of George Zovick, Petitioner, for a Peremptory Order of Mandamus against Hon. Edward W. Eaton, as County Judge of Tioga County, or any Judge of the County Court Holding Term in and for Tioga County, Respondent.
[MAJORITY]
The record is incomplete. It does not contain a copy of the order from which the appeal is taken; nor does the record contain copies of the indictment or indictments. It appears from the opinion of the judge presiding at Special Term that he examined the evidence. A copy should be sent to the clerk of this court. In the meantime the decision on the merits is held in abeyance. Present — Hill, P. J., Bliss, Heffernan, Schenek and Foster, JJ.