
    In the Matter of the Application of William E. Phillips, Appellant, for a Peremptory Order of Mandamus against John J. McElligott, as Fire Chief and Commissioner of the Fire Department of the City of New York, Respondent.
   Order unanimously modified by granting an alternative order of mandamus, and as so modified affirmed, -with twenty dollars costs and disbursements to the appellant. No opinion. Settle' order on notice. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.  