Majority
p. 844The People of the State of New York ex rel. Bernard J. O’Dea, Appellant, v. John H. Delaney and Others, as Commissioners of the Board of Transportation of the City of New York, and Others, Respondents.
Order denying motion for a peremptory mandamus order unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. We are of opinion that the prior service of the relator, followed by his resignation and a nine-year interval before re-entry into public employment, may not be counted to determine the date of his “ original appointment ” as comprehended by section 31 of the Civil Service Law. Present — Lazansky, P. J., Young, Kapper, Hagarty and Davis, JJ.