Majority
p. 757In the Matter of the Application of Timothy D. Poucher, as President of The Federation of Teachers’ Associations of the City of New York, Appellant, for a Peremptory Mandamus Order against Charles W. Berry, as Comptroller of the City of New York, Respondent.
Order affirmed, with ten dollars costs and disbursements. Present — Dowling, P. J., Merrell, Finch, MeAvoy and Proskauer, JJ.; Proskauer, J., dissents on authority of Matter of Brennan v. Board of Education ( 245 N. Y. 8 ) and People ex rel. Wells & Newton Co. v. Craig (232 id. 125 ).
Cases cited
- Brennan v. Board of Education 245 N. Y. 8 p. 757