Majority
p. 828In the Matter of the Application of Clinton R. Place, Respondent, for a Mandamus Order against George M. Estabrook, as Mayor, and Robert K. Niddrie and Others, as Trustees, Together Constituting the Board of Trustees of the Incorporated Village of Hempstead, County of Nassau, State of New York, Appellants, and Others, Defendants.
The motion to amend the record and to grant reargument is referred to the court that rendered the decision on the appeal. Present — Lazansky, P. J., Carswell, Davis, Johnston and Taylor, JJ. Motion to amend record granted. Motion for reargument granted, and on reargument the decision of tills court handed down on November 19, 1937 [ 252 App. Div. 874 ], is adhered to for the additional reason that petitioner has not shown that his employment was legal in its inception. (Palmer v. Board of Education, 276 N. Y. 222 , 225.) Present — Hagarty, Carswell, Davis, Johnston and Adel, JJ.
Cases cited
- Palmer v. Board of Education 276 N. Y. 222 at 225 p. 828