People ex rel. Kavanagh v. Grady

Per Curiam :

We are of opinion that the objection to the regularity of the writ of mandamus served on the respondents, in that it was issued on the order of this branch of the court instead of by the order of the Special Term, is not well founded. The provisions of section 206$ *28•of the Code of Civil Procedure, that a writ of mandamus ’can be granted only at a Special Term. of the court, apply only to an original application for the writ. That section does not limit the ■effect of section 1311 of the Code, that on appeal the Appellate Division may reverse, affirm or modify any order appealed to…