In re Hart (233 A.D. 798, 1931)

Order reversed on the law, with costs, and petition for peremptory mandamus order granted, without costs, on the ground that a clear legal right to the penalty is shown and no facts are brought to our attention permitting denial of the relief as a matter of discretion. All concur. Present — Sears, P. J., Crouch, Edgeomb, Thompson and Crosby, JJ.