Pine v. Terry

The decision of this court handed down on July 22, 1933 [ante, p. 782], is hereby amended to read as follows: Peremptory mandamus order reversed, with costs, and motion denied, with ten dollars costs, as a matter of law and not in the exercise of discretion. We are of opinion that by the enactment of chapter 99 of the Laws of 1930 the Legislature did not intend to repeal chapter 152 of the Laws of 1929. Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ., concur.