Majority
p. 794In the Matter of the Application of Freeman S. Sprague, Appellant, for an Order Pursuant to Article 78 of the Civil Practice Act against John A. Lyons, as Commissioner of Correction of the State of New York, Respondent.
Order affirmed, without costs of this appeal to either party. All concur. (The order dismisses the application in a proceeding to compel defendant to reinstate petitioner to his position as guard at Attica State Prison.) Present — Crosby, P. J., Cunningham, Taylor, Harris and McCurn, JJ.