General
In the Matter of the Application of James Lowe, Appellant-Respondent, for a Peremptory Order of Mandamus against John C. Clark and Others, Members of the State Civil Service Commission of the State of New York, and Others, Respondents-Appellants. Nathan H. Herzberger, Intervening Defendant
246 A.D. 578·New York Supreme Court, Appellate Division·1935·NY
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Opinion
In the Matter of the Application of James Lowe, Appellant-Respondent, for a Peremptory Order of Mandamus against John C. Clark and Others, Members of the State Civil Service Commission of the State of New York, and Others, Respondents-Appellants. Nathan H. Herzberger, Intervening Defendant.
[MAJORITY]
Order, in so far as it denies petitioner’s motion for a peremptory order of mandamus unanimously affirmed, with twenty dollars costs and disbursements to the defendants-appellants, and in so far as it grants an alternative order of mandamus reversed and the petition dismissed. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.