
    In the Matter of James J. Mallen, Respondent, against Ferdinand Q. Morton et al., Constituting the Municipal Civil Service Commission of the City of New York, Appellants.
    Argued October 11, 1949;
    decided October 20, 1949.
    
      
      JohnP. McGrath, Corporation Counsel (Thomas W. A. Crowe and Seymour B. Quel of counsel), for appellants.
    
      Leo Brown and Robert E. Schaffer for respondent.
   Order affirmed, with costs. Question certified answered in the negative. No opinion.

Concur: Lottghran, Ch. J., Lewis, Conway, Desmond, Dye and Fuld, JJ. Taking no part: Bromley, J.  