Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, RIPPEY, CONWAY and DESMOND, JJ. LEHMAN, Ch. J., FINCH and LEWIS, JJ., dissent on the ground that the filing of charges and suspension from a position in the public service terminates such service conditionally or at least interrupts it and retirement must await restoration to the public service. (Matter of Eberle v. La Guardia, 285 N.Y. 247.) *Page 666