Schmitt v. Ryan

Order denying petitioner’s motion for a peremptory or alternative mandamus order reinstating him to the position of inspector of masonry and carpentry in the bureau of construction and maintenance of the board of education unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. (Matter of Clancy v. Halleran, 263 N. Y. 258.) Present —- Lazansky, P. J., Hagarty, Cars-well, Tompkins and Davis, JJ.