Majority
p. 857In the Matter of the Application of Herbert Benon, Petitioner, Respondent, for an Order against Fiorello H. LaGuardia, as Mayor of the City of New York, and Others, Appellants.
Order reversed, with twenty dollars costs and disbursements, and motion granted, on the ground that petitioner, as a provisional employee, had no tenure of office and is not entitled to any review of his discharge under the provision of section 22 of the Civil Service Law. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.; O’Malley and Dore, JJ., dissent and vote to affirm.