Determination of the commissioner of public safety of the city of Mount Vernon annulled, with fifty dollars costs, and a new trial ordered. It was error for the commissioner to consider the record of the police officer in determining his guilt upon the charges made against him. Lazansky, P. J., Hagarty, Seeger and Scudder, JJ., concur; Kapper, J., dissents and votes to confirm the commissioner’s determination.