Majority
p. 731In the Matter of the Application of Silvio A. Lanza, Respondent, for an Order of Mandamus against George J. Ryan, as President of the Board of Education of the City of New York, and Others, Appellants.
Motion granted to the extent of resettling the order of this court dated October 15, 1934 [ 242 App. Div. 777 |, so as to provide that the stay contained therein be modified by directing that, pending the final determination of this cause, the board of education of the city of New York hold vacant one position as teacher of physics in the high schools of the city of New York. Present — Lazansky, P. J., Tompkins, Davis and Johnston, JJ.; Hagarty, J., not voting.