In re Burke

This is an application for a peremptory writ of mandamus to compel the reinstatement of the applicant or relator in the position of foreman in the bureau of highways in the office of the president of the borough of Queens. Although the relatoras affidavit in this proceeding prayed only for the issuance, of a peremptory writ without any reference to the granting of an alternative writ, the counsel -for the relator, in .his brief, assumed, without warrant, that .the relator had applied for an alternative writ in the event that the denials in the opposing affidavits were such as to render.it…