Majority
p. 901The People of the State of New York ex rel. James Dolan, Relator, v. Rhinelander Waldo, as Police Commissioner of the City of New York, Respondent.
Determination annulled, with fifty dollars costs and disbursements, and relator reinstated, upon the ground that the evidence fails to establish by a fair preponderance thereof that he was guilty of the
p. 902
charge made against him. Jenks, P. J., Burr, Carr, Rich and Stapleton, JJ., concurred.