Majority
p. 865In the Matter of the Application of Edward S. Kearney, Respondent, for an Order of Mandamus against Patrick J. Brearton, as Commissioner of Public Works of the City of Schenectady, and Others, Appellants.
Order reversed on the law, and proceeding dismissed, without costs, on the ground that petitioner was guilty of laches. Van Kirk, P. J., Rhodes and Crapser, JJ., concur; Hinman and Hill, JJ., dissent and vote to affirm.