Order modified so as to grant the petition to the extent of directing an alternative order of mandamus, with costs to abide the event. Question of fact is to be determined as follows: Whether the petitioner has filed the constitutional oath and bond, as required in section 30 of the Civil Service Law.‡ All concur. McNamee, J., not voting.
‡.
Added by Laws of 1917, chap. 574. See Public Officers Law, § 30, subd. 8, as amd. by Laws of 1920, chap. 259.— [Rep.