Majority
p. 863In the Matter of the Application of William E. Phillips, Petitioner, Respondent, for an Order against John J. McElligott, as Fire Chief and Commissioner of the Fire Department of the City of New York, Appellant.
Order reversed, with twenty dollars costs and disbursements, and the petition dismissed, on the authority of Matter of Sheridan v. McElligott ( 278 N. Y. 59 ) and Matter of Nash v. Brooks (276 id. 75 ). Present — O’Malley, Untermyer, Dore, Cohn and Callahan, JJ.; O’Malley, J., dissents and votes for affirmance.
Cases cited
- Sheridan v. McElligott 278 N. Y. 59 p. 863