Order of reversal, entered July 12, 1910 (140 App. Div. 19, 124 N. Y. Supp. 406), amended nunc pro tunc so as to read as follows: “Order reversed, and proceeding dismissed, without costs, upon the grounds, first, that as matter of law the State Civil Service Commission was a necessary party; second, that, even if it was not a necessary party as matter of law, it was a proper party, and the proceeding should not have been determined without its presence as a party. All concur.”