
    Third Appellate Department,
    November, 1901.
    Reported. 66 App. Div. 615.
    The People of the State of New York ex rel. Frederick Narrow, Respondent, v. William J. Mein and Others, Constituting the Town Board and Board of Canvassers of the Town of Norfolk, St. Lawrence County, New York, Appellants.
    Appeal from an order and judgment, entered in the St. Lawrence county clerk’s office on the 20th day of July, 1901, directing the issuance of a mandamus to the defendants, requiring them to convene and recanvass and declare void certain ballots voted at a town meeting. At a town meeting held in the town of Norfolk, St. Lawrence county, February 12, 1901, votes were taken upon the four local option propositions under the Liquor Tax Law. These votes were canvassed by the board of canvassers and the result declared. The application made was for a writ of mandamus to compel the said board of canvassers to reconvene, to recanvass the votes cast upon said propositions and declare said votes illegal and void, and to file a certificate with the county treasurer of said county to the effect that no election was had in said town on said propositions, for the reason that the town clerk of said town did not print or publish or cause to be printed or published in a newspaper the notice or any notice required to be published by him in accordance with section 16 of the Liquor Tax Law (Laws of 1896, chap. 112, as amended by Laws of 1900, chap. 367.) The special term ordered the issuance of the writ, and from said order and judgment entered thereupon this appeal is taken.
   Per Curiam :

The questions upon this appeal seem to have been decided adversely to the respondent’s contention in Matter of O’Hara (63 App. Div. 512.) With the reasoning of the learned justices in that decision we entirely agree. The order and judgments appealed from should, therefore, be reversed, with costs and disbursements, and the motion denied, with ten dollars costs.

Present: Parker, P. J., Smith, Kellogg, Edwards and Chase, JJ. All concurred.

Judgment and order reversed, with ten dollars costs and disbursements, and application denied, with ten dollars costs.  