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MATTER OF SUNSHINE v. MARSH

Court of Appeals of the State of New York.
May 27, 1943

Order affirmed without costs, on the ground that the denial of a mandamus order to challenge the validity of the promotion of employees who are not parties to the proceeding was under all the circumstances disclosed in the record a proper exercise of discretion. We decide no other question. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. Taking no part: FINCH, J.