Majority
p. 923James Havard, Appellant, v. Albert J. Fearing, as Director of the Department of Public Works of the City of New Rochelle, Irving C. Brower, as City Manager of the City of New Rochelle, and Stanley W. Church, Mayor, J. Lester Albertson, Charles H. Noxon, Herbert P, Milligan and James J. O’Brien, Councilmen, Constituting the Council of the City of New Rochelle, Respondents.
Proceeding under article 78, Civil Practice Act, for an order installing the petitioner in the position of operator of the new city incinerator plant, after the abolition of petitioner’s position as foreman of the old plant. The final order dismissed the petition. Order unanimously affirmed, without costs. No opinion. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.