Peremptory mandamus order unanimously affirmed as a matter of law and not of discretion, with costs. (Matter of Lee v. Quigley, 231 App. Div. 858; Matter of Picone v. Comr. of Licenses, 241 N. Y. 157, 161.) Present — Lazansky, P. J., Young, Carswell, Tompkins and Davis, JJ.