Majority
p. 914In the Matter of the Application of Morris Borodkin, Petitioner, Respondent, for an Order Pursuant to Article 78 of the Civil Practice Act, against Paul J. Kern, President, and Others, Constituting the Municipal Civil Service Commission of the City of New York, Appellants.
Order affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.; Cohn, J., dissents and votes to reverse and dismiss the petition. [174 Mise. 339.]