
    In re HAMMOND.
    (Supreme Court, Appellate Division, Fourth Department.
    October, 1910. )
    In the matter of the application of Clark H. Hammond, as Corporation Counsel of the City of Buffalo, New York, for a peremptory writ of mandamus against George A. Rick-er and others, constituting the Municipal Civil •Service Commission of the City of Buffalo, and Louis P. Fuhrmann, as mayor of said city.
   PER CURIAM.

Order of reversal, entered July 12, 1910 (140 App. Div. 19, 124 N. Y. Supp. 406), amended nunc pro tunc so as to read as follows: “Order reversed, and proceeding dismissed, without costs, upon the grounds, first, that as matter of law the State Civil Service Commission was a necessary party; second, that, even if it was not a necessary party as matter of law, it was a proper party, and the proceeding should not have been determined without its presence as a party. All concur.”  