Order affirmed, without costs of this appeal to any party. Memorandum: We agree with the view expressed in the Special Term's memorandum that by valid amendment to the civil service rules of the City of Lackawanna effective December 30, 1943, the position of chief of police was transferred from the noncompetitive to the competitive class of the civil service. Since petitioner's appointment as chief of police on March 11, 1944, was not made from an eligible list established as a result of a competitive examination, such appointment was illegal and he could be removed at will. ( Palmer v. Board of Education, Town of Geddes, 276 N.Y. 222; Matter of Scahill v. Drzewucki, 269 N.Y. 343; People ex rel. William H. Hannan v. Board of Health of City of Troy, 153 N.Y. 513; People ex rel. Kennedy v. Feldman, 179 App. Div. 295, affd. sub nom. 221 N.Y. 655; Matter of Neary v. O'Connor, 173 Misc. 696, affd. 260 App. Div. 986; Matter of O'Brien v. Hughes, 270 App. Div. 1072.) All concur. (The order denies an application to compel defendants to restore petitioner to the position of chief of police of the city of Lackawanna.)