People ex rel. O'Dea v. Delaney

Order denying motion for a peremptory mandamus order unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. We are of opinion that the prior service of the relator, followed by his resignation and a nine-year interval before re-entry into public employment, may not be counted to determine the date of his “ original appointment ” as comprehended by section 31 of the Civil Service Law. Present — Lazansky, P. J., Young, Kapper, Hagarty and Davis, JJ.