Majority
p. 1008In the Matter of Nathaniel A. Barber, Respondent, against William R. Lupton et al., as Members of the City Council of the City of Niagara Falls, et al., Appellants.
Order affirmed, with costs. All concur, except Piper, J., who concurs in all respects except as to all increases in salary since the time of petitioner’s disability, on the authority of Matter of Birmingham v. Mirrington (205 Mise. 28). (Appeal from an order directing defendants to replace petitioner upon the bureau of fire of the City of Niagara Falls and to pay him the salary for such position.) Present — MeCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.