
    In the Matter of the Application of Philip Nagengast, Petitioner, Appellant, for an Order under Article 78 of the Civil Practice Act, against John J. McElligott, as Commissioner of the Fire Department of the City of New York and Trustee of the Pension Fund, Respondent.
   Order unanimously affirmed, with costs and disbursements. No opinion. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.  