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In the Matter of William H. Black, a Justice of the Supreme Court, Appellant, Against John P. O’Brien, as Mayor of the City of New York, Et Al., Respondents
Per Curiam.
Even if we were to assume that part of the petitioner’s salary as defined by the Constitution *274 has been withheld, the court in the exercise of its discretion might deny the remedy of mandamus.
The order should be affirmed, with costs.
Pound, Ch. J., Crane, Lehman, O’Brien, Hubbs and Crouch, JJ., concur; Kellogg, J., not sitting.
Order affirmed.