
    The People of the State of New York ex rel. Charles Y. Van Doren and John L. Danzilo, Appellants, v. William A. Prendergast, as Comptroller of the City of New York, Respondent.
    Order reversed, with ten dollars costs and disbursements, and motion for peremptory writ of mandamus granted, with ten dollars costs, upon the ground that the court properly exercised its discretion pursuant to the statute.
      (People ex rel. Acritelli v. Grout, 87 App. Div. 193; affd., 177 N. Y. 587.)
    
      
       See Code Grim. Proc. § 308, as amd. by Laws of 1897, chap. 427.—[Rep.
    
   Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.  