
    In the Matter of Alfred F. McDonald, Jr., Appellant, v. Municipal Civil Service Commission of the City of Buffalo, Respondent.
    Argued May 11, 1971;
    decided May 26, 1971.
    
      
      John B. Walsh for appellant.
    
      Peter J. Gerard and Anthony Manguso for respondent.
   Concur: Chief Judge Fuld and Judges Bergan, Breitel, Jasen and Gibson. Judges Burke and Scileppi dissent and vote to reverse on the opinions at Special Term.  