People ex rel. Spire v. Kreinheder , 175 A.D. 907 ( 1916 )

Order reversed and writ dismissed, without costs. Held, that it appears from the answering affidavits: (1) That the position heretofore held by the relator was properly abolished; (2) that the relator, since said position was abolished, was offered either of the remaining positions of painter in the water department, but that he refused to accept; and under the circumstances the relator is not entitled to the writ. All concurred.