
    In the Matter of the Application of Patrick K. Roche, Appellant, for a Peremptory Writ of Mandamus against Rhinelander Waldo, as Fire Commissioner of the City of New York, Respondent.
    
      Matter of Roche, 141 App. Div. 872, affirmed.
    (Argued November 20, 1911;
    decided December 5, 1911.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1910, which affirmed an order of Special Term denying an application for a peremptory writ of mandamus to compel the fire commissioner of the city of New York to place the petitioner on the pension roll of the fire department of that city.
    
      Francis A. McCloskey for appellant.
    
      Archibald R. Watson, Corporation Counsel (James D. Bell of counsel), for respondent.
   Order affirmed, with costs, on opinion of Woodward, J., below.

Concur: Cullen, Ch. J., Haight, Werner, Willard Bartlett, Hisoock, Chase and Collin, JJ.  