
    In the Matter of the Application of H. Koehler & Company, Appellant, for a Peremptory Writ of Mandamus against Maynard N. Clement, as Commissioner of Excise of the State of New York, Respondent.
    
      Matter of Koehler <6 Co. v. Clement, 125 App. Div. 886, reversed.
    (Argued September 29, 1908;
    decided October 20, 1908.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 22, 1908, which affirmed an order of Special Term denying an application for a peremptory writ of mandamus to compel the defendant to issue an order for the payment of a rebate on a surrendered liquor tax certificate.
    
      Charles Qoldzier for appellant.
    
      Herbert H. Kellogg for respondent.
   Order reversed, and motion for peremptory writ of mandamus granted on the authority of People v. Fabian (192 N. Y. 443), with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Yann, Werner, Hiscock and Chase, JJ.  