For the reasons stated in the opinion in Matter of Poucher v. LaGuardia (240 App. Div. 271), handed down herewith, the order appealed from should be modified by granting an alternative order of mandamus, and as so modified affirmed, without costs.
Finch, P. J., Merrell, O’Malley and Untermyer, JJ., concur.
Order modified by granting an alternative order of mandamus, and as so modified affirmed, without costs. Settle order on notice.