Majority
p. 989In the Matter of Paul Simone, on Behalf of Himself and All Others Similarly Situated, Appellant-Respondent, against J. Edward Conway et al., Constituting the State Civil Service Commission, Respondents-Appellants.
On petitioner-respondent’s application for disposition of his cross appeal, the determination of the Civil Service Commission having been confirmed, the cross appeal is dismissed as academic, and the decision of this court handed down May 19, 1954 ( 284 App. Div. 95 ), amended accordingly. Present- — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.