Majority
p. 774In the Matter of the Application of Hans A. Wenzel, Petitioner, for an Order of Certiorari against Joseph A. Warren, as Police Commissioner of the Police Department of the City of New York, Respondent.
Determination annulled and relator reinstated, with fifty dollars costs and disbursements. We are of opinion that the determination of the commissioner was based not upon facts but upon conjecture and surmise, and that the determination was without evidence to support it. Lazansky, P. J., Rich, Young, Kapper and Hagarty, JJ., concur.