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The People of the State of New York Ex Rel. John Dwyer, Appellant, v. Francis v. Greene, Police Commissioner of the Police Department of the City of New York, Respondent
• Order of Appellate Division and the determination of the commissioner reversed and a new trial granted, costs to abide event, on the authority of People ex rel. Shiels v. Greene (179 N. Y. 195).
Concur: Cullen, Oh. J., O’Brien, Martin, Yann and Werner, JJ. Absent: Gray and Haigi-it, J J.