
    In the Matter of the City of New York, Appellant, against Stephen Mack et al., Respondents, et al., Defendants.
    Argued April 18, 1945;
    decided July 19, 1945.
    
      
      Ignatius M. Wilkinson, Corporation Counsel (Morris Shapiro of counsel), for appellant.
    
      David A. Ferdinand and Harold L. Strauss for Stephen Mack, respondent.
    
      Paxton Blair and Edward M. Edenbaum for Vincent J. Kane, and others, respondents.
   Order affirmed, with costs, without prejudice to a new application by the City of New York to compel the retirement of respondent Mack, in accordance with the decision of this court in Matter of City of New York v. Schoeck (294 N. Y. 559) decided herewith, if respondent Mack is found to be disqualified for duty upon a new examination before a special medical board, as directed in Matter of Mack v. Walsh (294 N. Y. 554) decided herewith. No opinion.

Concur: Lehman, Ch. J., Loughran, Lewis, Conway, Desmond, Thacher and Dye, JJ.  