Majority
p. 907The People of the State of New York ex rel. Charles Spire, Respondent, v. Arthur W. Kreinheder, as Superintendent of the Department of Public Works of the City of Buffalo, Appellant.
Order reversed and writ dismissed, without costs. Held, that it appears from the answering affidavits: (1) That the position heretofore held by the relator was properly abolished; (2) that the relator, since said position was abolished, was offered either of the remaining positions of painter in the water department, but that he refused to accept; and under the circumstances the relator is not entitled to the writ. All concurred.