
    PEOPLE ex rel. HARVEY, Appellant, v. CANNON et al., Respondents.
    (Supreme Court, Appellate Division, Second Department.
    November 29, 1898.)
    Action by the people of the state of New York, on the relation of John Harvey, against Henry H. Cannon, as president of the village of Irvington, and John O’Connor and others, as trustees of the viliage of Irving-ton.
   PER CURIAM.

We are of the opinion that the special term was required to decide the rights of the relator, even though William H. Winnie, who is alleged to be present incumbent of the office, was not a party to the proceeding, and that its order denying such determination until said incumbent was brought into the proceeding was erroneous. The final order is reversed, and proceedings remitted to the special term for decision and judgment; costs to abide the final award of costs.  