Opinion
June, 1905.
Order affirmed, with ten dollars costs and disbursements.
The facts out of which this controversy arises are substantially the same as those considered in People ex rel. McCullough v. Snyder ( ante, p. 28). The relator in this proceeding seeks to effect the removal of Friend W. Perkins from the office of superintendent of public works of the city of Newburgh. We agree with the learned judge who heard the case at Special Term that there is no duty on the part of the respondents to remove the present incumbent which is capable of enforcement by mandamus. The order denying the application for the writ should, therefore, be affirmed. Hirschberg, P.J., Jenks, Rich and Miller, JJ., concurred.