Majority
p. 871In the Matter of the Application of Jacob Berke, Appellant, for a Preemptory Mandamus Order against James E. Finegan, President, Ferdinand Q. Morton, and Samuel Ordway, Jr., Members of and Constituting the Municipal Civil Service Commission of the City of New York, Respondents.
Order denying petitioner’s application of an order of mandamus to compel defendants to grant him a preference upon an eligible list for promotion to sergeant in the New York city police department unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. No opinion. Present — Hagarty, Carswell, Johnston, Taylor and Close, JJ.