
    The People of the State of New York ex rel. The American Bank Note Company, Appellant, v. William J. Morgan, Comptroller of the State of New York, Respondent.
    
      People ex rel. Am. Bank Mote Go. v. Morgan, 45 App. Div. 86, affirmed.
    (Argued January 8, 1900;
    decided January 23, 1900.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 6, 1899, which reversed an order of the Special Term, directing the issuance of a peremptory writ of mandamus, and denied the motion for such writ.
    
      Isaac L. Miller for appellant.
    
      John G. Davies, Attorney-General (John H. Goyne of counsel), for respondent.
   Order affirmed, with costs, on the ground that the superintendent of public works had no power to make the contract with the relator; no opinion.

Concur: Parker, Ch. J., Gray, Bartlett, Haight, Martin and Vann, JJ. Dissenting : O’Brien, J.  