Majority
p. 526In the Matter of the Application of James J. Brady, Respondent, for a Mandamus Order against James B. Finegan and Others, as the Municipal Civil Service Commission of the City of New York, and Another, Appellants.
Order granting petitioner’s motion for a peremptory order of mandamus requiring defendants to place petitioner’s name on list of eligibles for position of patrolman, and to certify his name as eligible for appointment, reversed, with twenty dollars costs and disbursements, and motion denied. No opinion. Present — Martin, P. J., Merrell, McAvoy, O’Malley and Townley, JJ.; O’Malley, J., dissents and votes for affirmance.