
    The People of the State of New York ex rel. Cornelius P. Downey, Appellant, v. John H. Gibbons et al., Constituting the Fire Board of the City of Lackawanna, Respondents.
    
      Civil service — when mandamus will not issue to compel reinstatement of civil service employee alleged to have been illegally removed from office.
    
    
      People ex rel. Downey v. Gibbons, 194 App. Div. 983, affirmed.
    (Argued June 1, 1921;
    decided July 14, 1921.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 31, 1920, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendants to reinstate the relator in the position of chief of the fire department of the city of Lackawanna, it being alleged that relator had been illegally removed for political purposes and without charges, notice or a hearing. The Appellate Division held that mandamus was not the proper remedy.
    
      La Fay C. Wilkie and John J. Sullivan for. appellant.
    
      Irving M. Weiss for respondents.
   Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Cardozo, Pound and Andrews, JJ. Dissenting: Hogan and Crane, JJ.  