
    In the Matter of the Petition of William E. Folkes, Respondent, for an Alternative Order of Mandamus against James E. Hushion, as Comptroller of the City of Yonkers, New York, Appellant.
   In a mandamus proceeding to compel the reinstatement of petitioner to the position of tax clerk in the department of finance, city of Yonkers, and for the recovery of his salary during the period of his removal, alternative order of mandamus unanimously affirmed, with ten dollars costs and disbursements, as a matter of law and not in the exercise of discretion. (Matter of Magni v. Hushion, 247 App. Div. 820.) Present — Hagarty, Johnston, Adel and Taylor, JJ.; Lazansky, P. J., not voting.  