Order reversed on the law, without costs of this appeal to either party, and proceeding dismissed, without costs, upon the authority of Matter of Scahill v. Drzewuchi (269 N. Y. 343) and Palmer V. Board of Education (276 id. 222). All concur. (The order directs defendants to reinstate petitioner as patrolman.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.