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In the Matter of Eber Burgey, Appellant, Against Patrick J. Brearton, as Commissioner of Public Works of the City of Schenectady, Et Al., Respondents
Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in the Appellate Division and in this court, on the authority of Matter of Berry v. Brearton (263 N. Y. 274). No opinion.
Concur: Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ.