The People of the State of New York ex rel. John Mulhern, Appellant, v. The Independent Dock Builders' Benevolent Union of Greater New York and Vicinity, Respondent

The People of the State of New York ex rel. John Mulhern, Appellant, v. The Independent Dock Builders’ Benevolent Union of Greater New York and Vicinity, Respondent. First Department, November 6, 1914. ■ See People ex rel. Holmstrom v. I. B. B. B. Union (ante, p. 267). Appeal by the relator, John Mulhern, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk'of the county of New York .on the 15th day. of April, 1911,'denying his motion for a.writ.' of mandamus requiring respondent to reinstate him as a member. Benjamin W, Moore, for .the John J. O’Connor, for the respondent. [MAJORITY — Clarke; J::] Clarke; J:: .The facts are .similar ,to those in People ex rel. Holmstrom, v. I. D. B. B. Union (164 App. Div. 267), handed down herewith, relator having been included, in' the. same charges .and tried at the same time as Holmstrom. Without passing upon the question as to this relator, whether the charges were substantial and whether there was any evidence to sustain them, for the reasons there set forth, the order' appealed from should be reversed, with ten dollars costs and disbursements, and the motion for a peremptory writ of mandamus requiring his reinstatement granted with ten dollars costs. Ingraham, P. J., Soott, Dowling and Hotchkiss, JJ., concurred. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.