Majority
p. 912In the Matter of the Application of Joseph J. Ryan, Appellant, for an Order Pursuant to Article 78, and More Particularly Subdivisions 6 and 7 of Section 1296 of the Civil Practice Act, against J. Frank Hand, as Fire Commissioner of the City of Mount Vernon, Respondent, Annulling the Determination of the Respondent in Finding Petitioner Guilty of Charges Preferred and Directing that Petitioner Be Exonerated and Fine Remitted Forthwith.
Order granting respondent’s motion to dismiss the petition herein for an order under article 78, Civil Practice Act, unanimously affirmed, with ten dollars costs and disbursements. The redress of petitioner’s alleged grievance is controlled exclusively by section 127-f of the Charter of the City of Mount Vernon. [See Laws of 1922, chap. 490, § 127-f, added by Local Laws of 1928, No. 1 (Mount Vernon).] He may not, therefore, have recourse to article 78 of the Civil Practice Act. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.