In the Matter of the Application of Charles J. Dodd, as District Attorney of Kings County, Respondent, for a Peremptory Mandamus Order against Franklin Taylor, Individually and as County Judge of Kings County and as a Judge of the County Court of Kings County, Appellant

In the Matter of the Application of Charles J. Dodd, as District Attorney of Kings County, Respondent, for a Peremptory Mandamus Order against Franklin Taylor, Individually and as County Judge of Kings County and as a Judge of the County Court of Kings County, Appellant. [MAJORITY] Peremptory mandamus order modified by providing that an alternative mandamus order shall issue, with costs to abide the event. The record before us presents a question of fact that should be tried out by an alternative order as to whether or not, under the provisions of the Building Code (Art. 1, § 4, subd. 4) work was commenced within one year from the time of the issuance of the permit. Kelly, P. J., Manning, Young and Kapper, JJ., concur; Lazansky, J., dissents, and votes for reversal of the order and a denial of the motion, upon the ground that the papers do not show that petitioner is entitled to relief by mandamus. See Code of Ordinances of the City of New York, chap. 5, art. 1, § 4, subd. 4.— [Rep.