Majority
p. 921In the Matter of the Application of Clark H. Hammond, as Corporation Counsel of the City of Buffalo, New York, Appellant, Respondent, for a Peremptory Writ of Mandamus against George A. Ricker and Others, Constituting the Municipal Civil Service Commission of the City of Buffalo, and Louis P. Fuhrmann, as Mayor of Said City, Respondents, Appellants.
Order of reversal entered July 12, 1910, amended nunc pro tuno so as to read as follows: “ Order reversed and proceeding dismissed, without costs, upon the ground, first, that as matter of law the State Civil Service Commission was a necessary party; second,-that even-if it was not a necessary party as matter of law, it was a proper party and the proceeding should not have been determined without its presence as a party. Opinion by Williams, J. All concur.” (See ante, p. 19.)