Majority
p. 677In the Matter of A. Alfred Gardner, Petitioner, v. New York City Transit Authority et al., Respondents.
Proceeding pursuant to CPLR article 78 to review and annul a determination of respondent New York City Transit Authority, dated March 3, 1967. Determination confirmed and. petition dismissed on the merits as to said respondent, without costs and without opinion; and petition dismissed as to respondent Civil Service Commission, without costs, for failure to state a cause of action against it. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.