Majority
p. 489In the Matter of Samuel Anbinder et al., Respondents-Appellants, v. Charles L. Patterson et al., Constituting the New York City Transit Authority, et al., Appellants-Respondents.
Order entered on February 19, 1960 directing trial of the issue of whether petitioners were in fact promoted, unanimously reversed and the petition dismissed, with $20 costs and disbursements to respondents-appellants-respondents. The facts alleged in the petition even if established would not constitute a promotion of the petitioners. Concur — Breitel, J. P., Yalente, McNally, Steuer and Bastow, JJ.