The opinion
Order denying defendant’s motion to vacate an order of certiorari to review the determination of the board of transportation in dismissing petitioner from the service of said board unanimously reversed, with twenty dollars costs and disbursements, and the motion granted, on the authority of Matter of Weinstock v. Hammond ( 270 N. Y. 64 ). Present — Martin, P. J., McAvoy, Untermyer, Dore and Cohn, JJ.