
    In the Matter of the Application of Silvio A. Lanza, Respondent, for an Order of Mandamus against George J. Ryan, as President, Samuel Stern, Vice-President, and Others, as Members of the Board of Education of the City of New York, and Others, Appellants.
   Peremptory order of mandamus reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event. The only issue of fact in this case was: Was petitioner a substitute teacher of physics or was be a laboratory assistant? The finding in favor of the former was against the weight of the evidence. If petitioner was a laboratory assistant, then he was not entitled to any credit for services rendered in teaching in order to procure his license as a teacher of physics. Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ., concur.  