In the Matter of the Application of Henry Pielsticker, Also Known as Harry Pielsticker, Petitioner, against Jenkin R. Hockert, Clerk of the County of Queens, State of New York, Respondent

In the Matter of the Application of Henry Pielsticker, Also Known as Harry Pielsticker, Petitioner, against Jenkin R. Hockert, Clerk of the County of Queens, State of New York, Respondent. [MAJORITY] In a certiorari proceeding to review the determination of the county clerk of Queens county in dismissing the petitioner from his position as a laborer in the county clerk’s office, determination of the county clerk annulled, certiorari order sustained and the county clerk directed to reinstate relator in his former position as a laborer, with fifty dollars costs and disbursements to the petitioner. In our opinion, the respondent failed to sustain the burden upon him of proving the charges against the petitioner by a preponderance of evidence. Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.