Order entered on September 7, 1966 denying cross motion of respondent-appellant reversed on the law, and cross motion to dismiss petition granted, without costs or disbursements.
In the absence of a violation of a statutory duty, an article 78 proceeding for mandamus does not lie. This is the present state of the law in this State, according to an unbroken line of precedents. The learned court below indicated its awareness of this, but opined that because of socio...
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