Majority
p. 849The People of the State of New York ex rel. Joseph Astarita, Respondent, v. Mrs. Charles Bennett Smith, Individually and as President of the Civil Service Commission of the State of New York, William Gorham Rice and John C. Clark, Individually and as Members of the Civil Service Commission of the State of New York, Appellants.
Peremptory mandamus order granting relator’s motion modified by providing for an alternative mandamus order, and as thus modified unanimously affirmed, without costs, on the authority of People ex rel. Tevlin v. Smith (post, p. 850), decided herewith. Present — Lazansky, P. J., Young, Carswell, Scudder and Tompkins, JJ.