
    In the Matter of the Application of the O. J. Gude Company, Respondent, for a Peremptory Writ of Mandamus against Edward S. Murphy, as Superintendent of Buildings of the Borough of Manhattan, City of New York, Appellant.
    
      Matter of Gude Go. v. Murphy, 129 App. Div. 266, affirmed.
    (Argued February 9, 1909;
    decided March 30, 1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 18, 1908, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the appellant herein to examine and approve of plans, for a certain sky sign and granted said motion.
    
      Francis K. Pendleton, Corporation Counsel (Theodore Connoly and Clarence L. Barber of counsel), for appellant.
    
      Julius M. Mayer and A. 8. Gilbert for respondent.
   Order affirmed, with costs, on opinions in People ex rel. Wineburgh Adv. Co. v. Murphy (195 N. Y. 126).

Concur: Cullen, Ch. J. Haight, Yann, Werner, Willard Bartlett, Hiscook and Chase, JJ.  