
    In the Matter of the Application of Frank B. Assip, Respondent, for a Peremptory Mandamus Order against Franklin C. Gilbert, Town Clerk, Town of Hempstead, Appellant.
   Peremptory mandamus order unanimously affirmed, without costs, as a matter of law and not in the exercise of discretion. No opinion. Present —■ Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ.  