Opinion
October 2, 1951.
Present — Peck, P.J., Glennon, Dore, Cohn and Shientag, JJ.
Order affirmed, with $20 costs and disbursements to respondent. Shientag, J. dissents and votes to reverse and grant the application on the ground that the action of the board of estimate in refusing permission to petitioner to withdraw his application for retirement was arbitrary and contrary to law, and that the four months' Statute of Limitations has no application to the situation here presented. No opinion.