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In the Matter of the Application of Frank J. Rohr, for an Order Pursuant to Article 78 of the Civil Practice Act against Edwin B. Kenngott, County Clerk of Erie County, New York, and Grace Reavy and Others, as and Constituting the State Civil Service Commission of the State of New York, Additional Parties
Order so far as appealed from affirmed, without costs, on the opinion of Swift, J., at Special Term. [176 Misc. 838.] All concur, except Dowling, J., who dissents and votes for a reversal and a denial of the motion to dismiss.
(The part of the order appealed from dismisses the petition but denies the application of defendant Kenngott to reclassify the position of cashier in the mortgage tax bureau of Erie county from the competitive to the exempt class in a mandamus proceeding to compel said defendant to reinstate petitioner to his position.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.