Order modified by granting an alternative mandamus order, and as so modified affirmed, without costs. No opinion. Present — Dowling, P. J., Finch, McAvoy, Martin and O’Malley, JJ.; McAvoy and O’Malley, JJ., dissent. Settle order on notice.
Order modified by granting an alternative mandamus order, and as so modified affirmed, without costs. No opinion. Present — Dowling, P. J., Finch, McAvoy, Martin and O’Malley, JJ.; McAvoy and O’Malley, JJ., dissent. Settle order on notice.