
    In the Matter of the Application of Marshall Ness, Appellant, for an Order of Mandamus against Pius L. Schwert, Clerk of Erie County, New York, and Frank Engler, Respondents.
   Order affirmed, with costs. All concur. (The order denies motion for a peremptory mandamus in a proceeding to compel reinstatement.) Present — Taylor, Edgcomb, Thompson, Crosby and Lewis, JJ.  