
    The People of the State of New York ex rel. Patrick O’Brien, Appellant, v. John J. Scannell, as Fire Commissioner of the City of New York, Respondent.
    
      People ex rel. O'Brien v. Soannell, 53 App. Div. 161, affirmed.
    (Argued October 2, 1900;
    decided October 16, 1900.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made July 17, 1900, affirming an order of Special Term denying a motion for a writ of mandamus commanding the defendant to reinstate the relator in the position of foreman in the fire department of the city of New York.
    
      Samuel H. Ordwcuy for appellant.
    
      John Whalen, Corporation Counsel (Theodore ConnoVy of counsel), for respondent.
   Order affirmed, with costs, on opinion below.

Concur: Parker, Ch. J., O’Brien, Haight, Martin, Yann and Landon, JJ. Dissenting: Bartlett, J.  