
    The People of the State of New York ex rel. Walter B. Hartough, Appellant, v. John J. Scannell, as Fire Commissioner of the City of New York, Respondent.
    
      People ex rel. Sartough v. Scannell, 48 App. Div. 445, affirmed.
    (Argued June 5, 1900 ;
    decided June 19, 1900.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 12,1900, affirming an order denying an application for a peremptory writ of mandamus directing the defendant to reinstate the relator in the position of laborer in the fire department of the city of New York, entered upon a decision of the court at a Trial Term without a jury.
    
      Hugo Hirsh for appellant.
    
      John Whalen, Corporation Counsel ( William J. Carr 'of counsel), for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Pabiceb, Oh.. J., O’Bbien, Babtlett, Haight, Vann, Landon and Cullen, JJ.  