
    In the Matter of Francis J. Sullivan, Respondent, v. Solomon Hoberman et al., Constituting the Department of Personnel and the Civil Service Commission of the City of New York, et al., Appellants.
    Argued January 21, 1971;
    decided February 24, 1971.
    
      
      J. Lee Rankih, Corporation Counsel (Leonard Koerner and Stanley Buchsbaum of counsel), for appellants.
    
      Michael J. Horowitz and Murray A. Gordon, P.C., for respondent.
   Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Taking no part: Judge Burke.  