Opinion
Submitted October 17, 1940
Decided November 13, 1940
Appeal from the Supreme Court, Appellate Division, Fourth Department, LYTLE, J.
Charles J. McDonough for appellant.
Elmer R. Weil and Paul J. Batt for Thomas W.H. Jeacock, as Commissioner, respondent.
John J. Bennett, Jr., Attorney-General ( James P. Cotter of counsel), for State Civil Service Commission, respondent.
Order affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.