Order granting motion to strike out return and for a peremptory mandamus order reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The return is sufficient in law to raise the. issue of fact which this court heretofore directed should be resolved under an alternative mandamus order. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.