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Schmitt v. Ryan

242 A.D. 851 Court N.Y. App. Div. English

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p. 851
In the Matter of the Application of Camille E. Schmitt, Appellant, for an Order of Mandamus against George J. Ryan and Others, Members of the Board of Education of the City of New York, and Another, Respondents.

Order denying petitioner’s motion for a peremptory or alternative mandamus order reinstating him to the position of inspector of masonry and carpentry in the bureau of construction and maintenance of the board of education unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. (Matter of Clancy v. Halleran, 263 N. Y. 258 .) Present —- Lazansky, P. J., Hagarty, Cars-well, Tompkins and Davis, JJ.

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