Majority
p. 579In the Matter of the Application of Thomas F. Doherty, Appellant, against James E. Finegan, President, and Others, Members of and Constituting the Municipal Civil Service Commission of the City of New York, and Another, Respondents.
Order denying petitioner’s motion for an order of mandamus, directing defendants to give him a preference upon an eligible list for promotion to captain in the fire department, on the ground that he is a disabled veteran and to promote him to that rank as of November 1, 1933, unanimously affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.