Majority
p. 779In the Matter of the Application of David Kraus, Respondent, for an Order of Mandamus against John H. Delaney and Others, Who Duly Constitute the Board of Transportation of the City of New York, Appellants.
Order granting upon reargument petitioner’s motion for a peremptory order of mandamus, unanimously modified by striking out so much thereof as provides for the payment of salary from the 20th day of July, 1934, and remitting the matter to Special Term to determine the amount due, if any, from May 6, 1935, the date when chapter 734 of the Laws of 1935 became effective, and ás so modified affirmed, without costs. (See Matter of Mullane v. McKenzie, 269N. Y. 369.) Present-—Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.