Majority
p. 819In the Matter of the Application of Andrew J. Smith, Respondent, for a Mandamus Order against Henry C. Stephan, as Mayor, and Others, as Trustees of the Village of Lancaster, Appellants.
On reargument order of peremptory mandamus affirmed, with costs. Memorandum: We find section 23 of the Civil Service Law (as amd. by Laws of 1934, chap. 366) applicable to this proceeding. All concur. (The order directs reinstatement of petitioner as police officer.) Present — Sears, P. J., Edgeomb, Thompson, Lewis and Cunningham, JJ. [See 248 App. Div. 666 ; 249 id. 796 .]