
    In the Matter of the Application of Herman S. Whaley, Respondent, for an Order of Peremptory Mandamus against Frances Perkins, Individually and as Industrial Commissioner of the New York State Department of Labor, and Another, Appellants.
   Order affirmed, with ten dollars costs and disbursements. No opinion. Present- — -Finch, P. J., McAvoy, Martin, O’Malley and Townley, JJ.; Martin, J., dissents and votes for reversal.  