
    The People of the State of New York ex rel. Henry Treiling, Relator, v. Joseph A. Warren, as Police Commissioner of the City of New York, Respondent.
   Certiorari order sustained, determination of police commissioner annulled, and fine remitted, with fifty dollars costs and disbursements to the relator. We are of opinion that the determination was based upon suspicion and not upon fact. Lazansky, P. J., Rich, Hagarty and Scudder, JJ., concur; Kapper, J., dissents and votes to affirm.  