General
In the Matter of the Application of The People of the State of New York ex rel. Joseph Sirota, Appellant, for a Peremptory Mandamus Order against James J. Monahan, Clerk of the Municipal Court of the City of New York, Borough of Brooklyn, Fourth District, Respondent
235 A.D. 690·New York Supreme Court, Appellate Division·1932·NY
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Opinion
In the Matter of the Application of The People of the State of New York ex rel. Joseph Sirota, Appellant, for a Peremptory Mandamus Order against James J. Monahan, Clerk of the Municipal Court of the City of New York, Borough of Brooklyn, Fourth District, Respondent.
[MAJORITY]
Order denying relator's motion for a peremptory mandamus order reversed on the law and not in the exercise of discretion, without costs, and motion granted. We are of opinion that the order in question, having been signed by a justice of the court with the direction that it should be entered, should have been received and filed by the clerk. Young, Seudder and Tompkins, JJ., concur; Lazansky, P. J., and Davis, J., dissent.