Majority
p. 814In the Matter of the Application of Morris Schargel, Respondent, for an Order Directing William Fellowes Morgan, Jr., as Commissioner of Public Markets, etc., to Reinstate Petitioner’s Permit, etc., Appellant.
Order unanimously reversed, with twenty dollars costs and disbursements to appellant, and petition dismissed. There is no proof that the petitioner was singled out and subjected to arbitrary restraints not imposed upon others. The record shows the petitioner to be a chronic violator of the department rules. On the facts disclosed it cannot be said that the commissioner abused his discretion. Present ■— O’Malley, Townley, Dore, Cohn and Callahan, JJ.