
    In the Matter of John J. Green, Respondent, v. Patrick V. Murphy, as Police Commissioner of the City of New York, Appellant.
   Judgment, Supreme Court, New York County, entered September 28, 1972, which annulled the Police Commissioner’s termination of petitioner’s employment as a probationary patrolman and remanded to the Commissioner for further proceedings, unanimously reversed, on the law, and vacated, without costs and without disbursements, and the petition dismissed. A proper evaluation of the petitioner’s test marks at the Police Academy under the applicable rules shows that they were below passing. No purpose would be served by the remand. {Seed V. Murphy, 37 A D 2d 823.) Concur — McGivern, J. P., Kupferman, Murphy, Lane and Tilzer, JJ.  