Majority
p. 882In the Matter of the Application of James J. Eccles, Respondent, for an Order of Peremptory Mandamus against William Gorham Rice and John C. Clark as Members of the Civil Service Commission of the State of New York and Others, Appellants, and Another.
Order reversed, on the law and facts, and the application for mandamus order denied, and the petition dismissed, without costs, on the ground that the petitioner failed to produce proof showing himself entitled to preference, and on the further ground that he has been guilty of laches in making this application. All concur.