Rosengarten v. Knapp

On the appeal of the petitioner, order, in so far as it denies motion for peremptory mandamus, unanimously affirmed, without costs. On the appeal of Knapp, as director, etc., from so much of the order as grants an alternative man*744damus, the order is reversed on the law and the facts and alternative mandamus denied, without costs. There is no basis for a trial of the so-called issues presented by the petition and the answering affidavit. The charges upon which the removal was based are substantial (People ex rel. Rudd v. Cropsey, 173 App. Div. 714; affd., sub nom. People ex rel. Rudd v. Lewis,…