
    The People of the State of New York ex rel. Charles Reith, Respondent, v. Nicholas J. Hayes, as Commissioner of the Fire Department of the City of New York, Appellant.
    
      People ex rel. Beith v. Hayes, 127 App. Div. 6, affirmed.
    (Argued September 29, 1908;
    decided October 20, 1908.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 5, 1908, which annulled on certiorari a determination of the defendant dismissing the relator from the fire department of the city of New York and restored said relator to his for mer position, with back pay and interest thereon.
    
      Francis K. Pendleton, Corporation Counsel (James D. Bell of counsel), for appellant.
    
      Jacob Rouss and Louis J. Grant for respondent.
   Order affirmed, with costs; no opinion.

Concur: Edward T. Bartlett, Haight, Werner, His-cock and Chase, JJ. Dissent, as to allowance of interest: Cullen, Ch. J., and Vann, J.  