In re Thompson , 33 N.Y.S.2d 387 ( 1942 )

Order dismissing petition reversed, on the law and facts, with fifty dollars costs, and matter remitted to the Special Term for issuance of an order in the nature of alternative mandamus as prescribed under section 1295 of the Civil Practice Act. Hill, P. J., Crapser, Bliss, Heffernan and Schenck, JJ., concur.