¶1† ?% peremptory order reversed upon the law and the facts, without costs, and motion granted to the extent of directing that an alternative mandamus order issue, without costs. The court is of opinion that the by-law of August 8, 1928, passed after the examination had béen held, was unauthorized as subversive of the spirit of the Civil Service Law because of its discriminatory character. Lazansky, P. J., Young, Seeger, Carswell and Scudder, JJ., concur.
