
    The People of the State of New York ex rel. Florence M. Tappin, as Administratrix of the Estate of John F. Tappin, Deceased, Respondent, v. James C. Cropsey, as Police Commissioner of the City of New York, Appellant.
    
      People ex rel. Tappin v. Cropsey, 178 App. Div. 180, affirmed.
    (Argued May 28, 1918;
    decided June 11, 1918.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 31, 1918, which sustained a writ of certiorari and annulled a determination of the police commissioner of the city of New York dismissing relator’s intestate, a police captain, from the police department of the city of New York. The decedent was charged with conduct unbecoming an officer and violation of the rules, tried upon said charges and dismissed. The Appellate Division annulled the determination of the police commissioner and ordered a new trial • on the ground that the trial commissioner had disqualified himself from acting in the matter because of remarks he had made to the relator’s decedent prior to the hearing itself in connection with a preliminary investigation.
    
      William P. Burr, Corporation Counsel (William B. Carswell of counsel), for appellant.. .
    
      Harry Crone and Francis Gilbert for respondent.
   Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ.  