Majority
p. 793In the Matter of the Application of Marda F. Lule, Appellant, for an Order against John N. Brennan, Supervisor of the Town of Smithtown, and Roy O. Bradley, W. Royden Klein, William Hauschildt and Patrick Dowling, Justices of the Peace of the Town of Smithtown, All Constituting the Town Board of the Town of Smithtown, Suffolk County, N. Y., Respondents.
Order denying the application of the petitioner, under article 78 of the Civil Practice Act, to be reinstated as building inspector of the town of Smithtown, Suffolk county, unanimously affirmed, without costs, as a matter of law and not in the exercise of discretion. No opinion. Present — Hagarty, Davis, Johnston, Taylor and Close, JJ.