Order reversed on the law and on the facts, without costs; and matter remitted to the Special Term: (1) for a hearing to take proof upon the issue set forth herein; (2) for a determination de novo upon the basis of the proof adduced; and (3) for further proceedings not inconsistent herewith.
In a mandamus proceeding the petitioner must demonstrate that his right to the relief sought does not admit of reasonable doubt or controversy (Matter of Burr v. Voorhis...
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