
    The People of the State of New York ex rel. Lawrence Fogarty, Appellant, v. Joseph Cassidy, as President of the Borough of Queens, Respondent.
    
      People ex rel. Fogarty v. Cassidy, 118 App. Div. 693, affirmed.
    (Submitted November 8, 1909;
    decided November 23, 1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 5, 1907, which afiirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the reinstatement of relator to a position in the bureau of highways, borough of Queens.
    
      William J. Walsh and Bernard H. Sandler for appellant.
    
      Francis K. Pendleton, Corporation Counsel (Theodore Connoly and Clarence L. Barber of counsel), for respondent
   Order affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Haight, Yann, Werner, Willard Bartlett and Chase, JJ. Absent: Hiscook, J.  