
    In the Matter of the Application of Henry G. McGivney, Appellant, for an Order of Mandamus against Edward P. Mulrooney, as Police Commissioner of the City of New York, Respondent. 
    
    
      
       Affd., 257 N. Y. 605.
    
   Order denying motion for alternative mandamus order affirmed, with costs, upon the ground that the record shows that the petitioner has no clear legal right to such relief but must seek his remedy through some other action or proceeding. Carswell, Scudder and Davis, JJ., concur; Lazansky, P. J., and Young, J., dissent and vote to reverse the order and grant the motion upon the ground that the appellant did not resign.  