Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, RIPPEY, CONWAY and DESMOND, JJ. LEHMAN, Ch. J., FINCH and LEWIS, JJ., dissent on the ground that the filing of charges and suspension from a position in the public service terminates such service conditionally or at least interrupts it and retirement must await restoration to the public service. ( Matter of Eberle v. La Guardia, 285 N.Y. 247.)