
    First Department,
    June, 1958
    (June 3, 1958)
    (Republished)
    In the Matter of Matthew J. Langert, Respondent, against Charles H. Tenney, as Commissioner of Investigation of the City of New York, Appellant.
   Order unanimously reversed on the law and in the exercise of discretion, with $20 costs and disbursements to the respondent-appellant and the motion of petitioner is denied and the cross motion of the respondent to dismiss the petition is granted with $10 costs. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and McNally, JJ. [See 5 A D 2d 586.]  