Majority
p. 689In the Matter of the Application of Herman S. Whaley, Respondent, for a Peremptory Mandamus Order or in the Alternative for an Alternative Mandamus Order against Elmer F. Andrews, Individually, and as Acting Industrial Commissioner and as Industrial Commissioner of the New York State Department of Labor, Appellant.
Order granting petitioner’s motion for an alternative order of mandamus directing defendant to restore petitioner to the place of Superintendent, New York State Department of Labor, Employment Division, Harlem Branch, unanimously affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.