
    The People of the State of New York ex rel. Michael J. Tormey, Respondent, v. Frank L. Polk et al., Constituting the Municipal Civil Service Commission of the City of New York, Appellants.
    
      People ex rel. Tormey v. Polk, 134 App. Div. 938, affirmed.
    (Argued February 8, 1910;
    decided February 22, 1910.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 12, 1909, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to permit the relator to try a special examination for promotion from patrolman to sergeant in the police force of the city of New York.
    
      Archibald R. Watson, Corporation Coimsel {James D. Bell of counsel), for appellants.
    
      Florence J. Sullivan for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett, Hiscock and Chase, JJ. Absent: Werner, J.  