Matter of Clark

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Third DepartmentNov 1, 1933
240 App. Div. 920 (N.Y. App. Div. 1933)

November, 1933.

Appeal from Supreme Court, Albany County.

Order affirmed, with ten dollars costs and disbursements. The remedy, if any, is certiorari. Hill, P.J., Rhodes, Crapser and Heffernan, JJ., concur; McNamee, J., concurs in affirmance.

Mandamus is a special proceeding, terminating in a final order, and the costs thereon are fixed by section 1492 of the Civil Practice Act, and are the same as on an appeal from a final judgment, and accordingly the respondents are entitled to costs as on an appeal from a final judgment.