
    In re DUELL.
    (Supreme Court, Appellate Division, Third Department.
    January 15, 1908.)
    In the matter of the application of William C. Duell for a peremptory writ of mandamus against Martin H. Glynn, as Comptroller of the state of New York.
   No opinion. Motion granted, and question certified as follows: “The surrogate of Westchester county having recommended a qualified person for appointment under the provisions of section 234 of the tax law (Laws 1896, p. 877, c. 908), as amended by chapter 368, p. 841, of the Laws of 1905, as transfer tax assistant in his office, may the Comptroller appoint another qualified person, who has not been recommended by the surrogate?”  