General
In the Matter of the Application of The 134 William Street Co., Inc., Appellant, for a Mandamus Order against John J. Bennett, Jr., as an Individual and as Attorney-General of the State of New York, and Others, Respondents
240 A.D. 920·New York Supreme Court, Appellate Division·1933·NY
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Opinion
In the Matter of the Application of The 134 William Street Co., Inc., Appellant, for a Mandamus Order against John J. Bennett, Jr., as an Individual and as Attorney-General of the State of New York, and Others, Respondents.
[MAJORITY]
Order affirmed, with ten dollars costs and disbursements. Hill, P. J., Crapser, Bliss and Heffernan, JJ., concur; McNamee, J., concurs in affirmance.
[CONCURRENCE — McNamee, J.]
McNamee, J.
(concurring). Mandamus is a special proceeding, terminating in a final order, and the costs thereon are fixed by section 1492 of the Civil Practice Act, and are the same as on an appeal from a final judgment, and accordingly the respondents are entitled to costs as on an appeal from a final judgment.