
    In the Matter of Rollin M. Squire, Relator, v. The City of New York, Resp’t.
    
      (Supreme Court, General Term, First Department,
    
    
      Filed June 19, 1888.)
    
    1 Certiorari—When bight to apply for lost by laches—Code Crv. Pro., §2125.
    On an application for a writ of certiorari to review the action of the mayor of New York in removing relator from the office of commissioner of public works, it appears that the relator had been out on bail and had full liberty to make his application during the four months allowed by Code Civil Procedure §2125. Held, that he had lost the right to make the application and the writ must be denied.
    2. Same—Effect of pendency of indictment.
    The pendency of an indictment in no way precluded the supreme court from exercising its power to review if it had any.
    Application of Rolhn M. Squire for a writ of certiorari to review the proceedings of the mayor of New York in removing him from the office of commissioner of public works of New York city on the 26th of August, 1886. He had previously on August IT, 1886, been indicted and upon his arrest which occurred within a day or two of his indictment, he was released upon bail.
    
      Howe & Hummel, for relator.
   Per Curiam.

The application for a writ of certiorari must be denied.

The pendency of the indictment in no way [precluded this court from exercising its power of review if it had any.

The relator being out on bail had full liberty to make his application during the four months allowed by section 2125 of the Code, and he was not imprisoned on a criminal charge at the time of the expiration of this time so as to be entitled to the additional time mentioned in section 2126.

An order may be entered denying the application upon these grounds so that an appeal may be taken therefrom if the relator desires.  