
    In the Matter of Edward S. Kearney, Appellant, against Patrick J. Brearton, as Commissioner of Public Works of the City of Schenectady, et al., Respondents.
    (Submitted December 15, 1933;
    decided January 9, 1934.)
    
      George A. Marcus for appellant.
    
      Mathias P. Poersch, Corporation Counsel (McDonald King of counsel), for respondents.
   Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in the Appellate Division and in this court, on the authority of Matter of Berry v. Brearton (263 N. Y. 274). No opinion.

Concur: Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ.  