Majority
p. 840In the Matter of the Application of Solomon Turel and Others, Petitioners, Isidore Mufsen, Petitioner, Respondent, against John H. Delaney and Another, Appellants, and Paul J. Kern, President, and Others, Respondents, and Joseph D. McGoldrick, Comptroller of the City of New York, and Another, Defendants.
Order, so far as appealed from, affirmed, with twenty dollars costs and disbursements to the petitioner-respondent. No opinion. Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.; Martin, P. J., and Dore, J., dissent and vote to modify the order by striking therefrom the provision ordering the board of transportation “ forthwith appoint eligibles from the petitioners’ eligible list ” and in place thereof providing that if the board of transportation shall determine to fill the three vacancies in the position-of associate surgeon formerly occupied by Drs. Buckley, Dooley and Slattery, it shall do so from the eligible list certified to it by the municipal civil service commission in this proceeding.