People Ex Rel. Elmira Advertiser Association v. . Gorman, 119 N.E. 113

People Ex Rel. Elmira Advertiser Association v. . Gorman

119 N.E. 113

1918

Check Treatment

Per Curiam.

The application of relator for an alternative writ of mandamus having come on to be heard as a contested motion (Code Civ. Pro. § 2067, as amended by L. 1913, ch. 574), the Special Term in the exercise of its discretion denied the application. The Appellate Division, on appeal (Code Civ. Pro. § 2087, as amended by L. 1913, ch. 574), also in the exercise of discretion, affirmed the order denying, the application. The order *713 appealed from is not the object of review in this court. (People ex rel. Flynn v. Woods, 218 N. Y. 124-127.) The appeal should be dismissed, with costs.

Hiscock, Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ., concur.

Appeal dismissed.