
    The People of the State of New York ex rel. Frederio W. Shepard, Respondent, v. William B. Ellison, as Commissioner of Water Supply, Gas and Electricity of the City of New York, Appellant.
    (Argued April 23, 1907;
    decided May 7, 1907.)
    
      People ex rel. Shepard v. Ellison, 114 App. Div. 920, affirmed.
    . Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 10, 1906, upon an order which affirmed an order of Sjiecial Term granting a motion for a peremptory writ of mandamus to compel the defendant to restore the' relator to the position of clerk in the department of water supply, gas and electricity in the city of Hew York.
    
      William B. Ellison, Corporation Counsel (James D. Bell of counsel), for appellant.
    
      Samxiel II. Ordway, Conrad Saxe Keyes and Frederic White Shepard for respondent.
   Judgment affirmed, with costs, on opinion on the previous appeal (181 H. Y. 339).

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscook, JJ.  