Order affirmed, with costs; first question certified answered in the affirmative, second question in the negative. Held, that under the wording of the charter of the city of Saratoga Springs, the deputy of the commissioner of public safety does not succeed upon the resignation of a commissioner to the duties of such commissioner as a member of the council.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.