Majority
p. 590In the Matter of the Application of Joshua D. Budd, Respondent, for an Order of Mandamus against L. Barron Hill, District Attorney of Suffolk County, and Sherburne P. Sweetland, Appellants.
Order of peremptory mandamus reversed on the law and not in the exercise of discretion, without costs, and the petition dismissed, -without costs. The appeal, in so far as it purports to bring up for review the denial of the motion to set aside the verdict and the motion for a new trial, is dismissed. There is no such order in the record. We are of opinion that the verdict, which in effect determined that the petitioner occupied a permanent position as investigator in the office of the district attorney, has no support in the evidence. Lazansky, P. J., Young, Hagarty, Carswell and Taylor, JJ., concur.