Majority
p. 820
In the Matter of the Application of Robert A. Magni, Jr., for an Alternative Order of Mandamus, Respondent, against James E. Hushion, as Comptroller of the City of Yonkers, Appellant.
In a mandamus proceeding to compel the reinstatement of petitioner to the position of clerk-bookkeeper in the department of finance, city of Yonkers, and for the recovery of his salary during the period of his removal, the alternative order of mandamus is unanimously affirmed, with ten dollars costs and disbursements, as a matter of law and not in the exercise of discretion. No opinion. Present — Lazansky, P. J., Young, Davis, Johnston and Adel, JJ.