Majority
p. 972The People of the State of New York ex rel. Carl W. Kotschau, 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. In the opinion of this court the evidence against the relator, considered in the light of testimony produced by him from disinterested witnesses, and which remained uncontradicted in the ease, failed to prove preponderantly a willful and conscious violation of duty by the relator. Jenks, P. J., Carr, Rich, Stapleton and Putnam, JJ., concurred.