*934Order, as resettled, denying defendant’s motion for summary judgment, reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The affidavits present no triable issue. In our opinion, even if plaintiff acquired tenure under his contract of employment made in 1914, he lost it by accepting reappointment in 1938, and again in 1939, on an annual basis. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.