Reynolds v. Bingham — 193 N.Y. 601

Majority

p. 601

In the Matter of the Application of James G. Reynolds, Appellant, v. Theodore A. Bingham, as Police Commissioner of the City of New York, Respondent.

Headnote

Matter of Reynolds v. Bingham, 126 App. Div. 289 , affirmed.

(Argued September 28, 1908;

decided October 13, 1908.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 1, 1908, which reversed an order of the Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to reinstate the petitioner in the posi

p. 602

tion of captain in the police department of the city of New York.

Frank B. York for appellant.

Brands IT. Pendleton, Corporation Counsel {James D. Bell of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Yann, Werner, Hiscook and Chase, JJ.