Order modified on the law by providing that the costs be fifty dollars and disbursements and as modified affirmed, without costs on this appeal to any party. (See Civ. Prac. Act, § 1336.) All concur. (The order denies an application for an alternative or peremptory mandamus order.) Present — Sears, P. J., Edgcomb, Lewis, Cunningham' and Taylor, JJ.