Appeal dismissed, with costs; no opinion.
Concur: Cullen, Ch. J., Gbay, O’Bbien, Babtlett, Haight, Vann and Webneb, JJ.
People ex rel. Pobinson v. Sturgis, 90 App. Div. 606, appeal dismissed.
(Argued November 16, 1904;
decided December 6, 1904.)
Appeal from an order of. the Appellate Division 'of the Supreme Court in the first judicial department, entered January 15, 1904, Avhich affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel defendant to restore the relator to duty in the fire department of the city of New York.
Anthony J. Griffin and William W. Goodrich for appellant.
John J. Belany, Corporation Counsel {Theodore Connoly and W. B. Crowell of counsel), for respondent.
Appeal dismissed, with costs; no opinion.
Concur: Cullen, Ch. J., Gbay, O’Bbien, Babtlett, Haight, Vann and Webneb, JJ.
180 N.Y. 506
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