MATTER OF BLACK v. O'BRIEN

Per Curiam.

Even if we were to assume that part of the petitioner's salary as defined by the Constitution has been withheld, the court in the exercise of its discretion might deny the remedy of mandamus.

The order should be affirmed, with costs.

POUND, Ch. J., CRANE, LEHMAN, O'BRIEN, HUBBS and CROUCH, JJ., concur; KELLOGG, J., not sitting.

Order affirmed.