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THE PEOPLE OF THE STATE OF NEW YORK ex rel. ELMIRA ADVERTISER ASSOCIATION, Appellant, v. FRANK J. GORMAN, as Clerk of the Board of Super

Per Curiam.

The application of relator for an alternative writ of mandamus having come on to be heard as a contested motion (Code Civ. Pro. § 2067, as amended by L. 1913, ch. 574), the Special Term in the exercise of its discretion denied the application. The Appellate Division, on appeal (Code Civ. Pro. § 2087, as amended by L. 1913, ch. 574), also in the exercise of discretion, affirmed the order denying the application. The order appealed from is not the object of review in this court. ( People ex rel. Flynn v. Woods, 218 N.Y. 124-127.)

The appeal should be dismissed, with costs.

HISCOCK, Ch. J., COLLIN, CUDDEBACK, CARDOZO, POUND, CRANE and ANDREWS, JJ., concur.

Appeal dismissed.

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PEOPLE EX REL. ELMIRA ADVERTISER ASSOCIATION v. GORMAN
(Feb 15, 1918)