In the Matter of the Town of Livingston. Maynard N. Clement, as State Commissioner of Excise, Appellant; Edmond F. Lasher, Respondent.
Matter of Town of Livingston, 120 App. Div. 899, affirmed.
(Argued October 2, 1907;
decided October 22, 1907.)
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 3,1907, which affirmed.an order of the Columbia County Court requiring the town clerk of the town of Livingston to call a special town meeting for the re-submission of local option questions.
*550Samuel JET. Salisbury and Russell Headley for appellant.
Harold Wilson, Jr., for respondent.
Order affirmed, with costs, upon the ground that the statutory provision requiring notice to be published of the submission of the questions of local option at a town meeting is .mandatory; no opinion.
Concur: Cullen, Cli. J.,.O’Brien, Edward T. Bartlett, Haight, Vann, Hisoock and Chase, JJ.