
    In the Matter of the Application of William L. O’Malley for a Peremptory Order of Mandamus, Respondent, against Charles W. Berry, as Comptroller of the City of New York, Appellant.
   Peremptory mandamus order affirmed, with costs, as a matter of law and not in the exercise of discretion. Lazansky, P. J., Young, Kapper and Scudder, JJ., concur; Davis, J., dissents.  