In re Calcagno , 35 N.Y.S.2d 750 ( 1942 )

Appeal dismissed, without costs, ds academic in view of decision in companion ease decided herewith. All concur. (The order grants motion of defendants for a dismissal of petitioner’s application for a mandamus order without prejudice.) Present — Crosby, P. J., Cunningham, Dowling, Harris and McCum, JJ.