In the Matter of the Application of Jeremiah J. Murphy, William Kupferberg, Charles Hart, and 15 Others, Petitioners-Appellants, for an Order Pursuant to Article 78 of the Civil Practice Act, against Paul J. Keen, President, Ferdinand Q. Morton and Wallace S. Sayre, Members, Together Constituting the Municipal Civil Service Commission of the City of New York, Respondents

In the Matter of the Application of Jeremiah J. Murphy, William Kupferberg, Charles Hart, and 15 Others, Petitioners-Appellants, for an Order Pursuant to Article 78 of the Civil Practice Act, against Paul J. Keen, President, Ferdinand Q. Morton and Wallace S. Sayre, Members, Together Constituting the Municipal Civil Service Commission of the City of New York, Respondents [MAJORITY] There is substance to the claim that bookkeepers, messengers, telephone operators and automobile enginemen should not have been included among those eligible to take the examination. This objection, however, is of no practical significance as none of them passed the examination and their rights are not involved in this proceeding. Order unanimously affirmed, with twenty dollars costs and disbursements. Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.