Majority
p. 787In the Matter of the Application of Joseph M. Martin, Appellant, against Abraham Kaplan and Others, Constituting the Municipal Civil Service Commission of the City of New York, Respondents.
Orders affirmed, with ten dollars costs and disbursements. No opinion. Present — Finch, P. J., Merrell, McAvoy, Martin and Sherman, JJ.; Finch, P. J., and Martin, J., dissent and vote to reverse and grant the motion for a peremptory order of mandamus so as to plaee"petitioner’s name on the list for the next certification requested by the fire commissioner. The civil service commission should correct its palpable error. (See People ex rel. Finnegan v. McBride, 226 N. Y. 252 , and Matter of Oystermen’s Dock Co. v. Downing, 258 id. 156.)
Cases cited
- People ex rel. Finnegan v. McBride 226 N. Y. 252 p. 787