Majority
p. 952In the Matter of the Application of Harold W. Hauser, Respondent, for an Order under Article 78 of the Civil Practice Act, against Grace A. Reavy, President, and Others, as Commissioners, Constituting the State Civil Service Commission of the State of New York, and Frieda S. Miller, Industrial Commissioner of the Department of Labor of the State of New York, Appellants.
Appeal from an order granting an alternative order of mandamus and fixing a date for trial. Order unanimously affirmed, with fifty dollars costs, and it is directed that the trial of the issues be held before a jury at the next Trial Term of the Supreme Court to be held in and for the county of Albany. Present — Hill, P. J., Crapser, Bliss Heffeman and Sehenck, JJ.