Majority
p. 665In the Matter of Harold A. Cunningham et al., Appellants, against Paul J. Kern et al., as Members of the Municipal Civil Service Commission of the City of New York, et al., Respondents. Submitted May 21, 1940; decided June 11, 1940.
p. 666
H0erman Morris for appellants.
‘ William C. Chanler, Corporation Counsel (David DuVivier and Paxton Blair of counsel), for respondents.
Order affirmed, without costs; no opinion.
Concur: Loughran, Pinch, Rippey, Sears, Lewis and Conway, JJ. Taking no part: Lehman, Ch. J.