Appeal from an order of the Supreme Court at Special Term, entered in Rensselaer County, in a proceeding in the nature of mandamus under article 78 of the Civil Practice Act. The order directed, among other things, the reinstatement of petitioner in his position with the appellant authority. The authority is a public housing corporation. As appears by the minutes of its meeting of April 8,1948, petitioner was on that day appointed “ Director of the project ” at a stated salary. His additional appointment as secretary and treasurer of the authority is concededly of no relevance in this proceeding. By action of the authority at a meeting held February 7, 1957, he was removed from his position. He contends that his dismissal was unlawful in that, as an honorably discharged member of the armed forces of the United States, which he concededly is, he could only be removed after a hearing upon stated charges of ineompetency or misconduct. (Civil Service Law, § 22, subd. 1.) The authority asserts that the position was in the competitive class; that petitioner did not take a competitive examination therefor; that the period during which he might hold a provisional appointment (Civil Service Law, § 15, subd. 1) has long since expired; and, in consequence, that at the time of his removal he held his position illegally but that, in any
