
    The People of the State of New York ex rel. C. Rockland Tyng, Appellant, v. William A. Prendergast, as Comptroller of the City of New York, et al., Respondents.
    (Argued October 4, 1917;
    decided October 23, 1917.)
    
      People ex rel. Tyng v. Prendergast, 178 App. Div. 895, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 8, 1917, which affirmed an order of Special Term denying a motion for a writ of mandamus to compel the board of taxes and assessments of the city of. New York to prepare a payroll for the month of May, 1916, placing thereon the relator’s salary as secretary of the said board of taxes and assessments, at the rate of $4,500 per annum; the board of civil service commissioners of said city to certify the said payroll, and the comptroller of the said city to pay to this relator the said salary. The relator is a veteran of the Civil War, being an honorably discharged soldier of the United States army. In June 1911, his salary 'as secretary to the board of .taxes and assessments of the city of New York was fixed at $4,500. In the budget for the year 1916 his salary was reduced to $3,500.
    
      Robert L. Luce for appellant.
    
      Lamar Hardy, Corporation Counsel (Terence Farley of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Hogan,. Cardozo, McLaughlin and Crane, JJ.  