Blaier v. Kennedy — 7 A.D.2d 977

Majority

p. 977

In the Matter of Herman Blaier, Appellant, against Stephen P. Kennedy, as Commissioner of the Police Department of the City of New York, Respondent.

Order unanimously affirmed, with $20 costs and disbursements to the defendant-respondent. The question of the right to a jury trial need not be reached because on the face of the petition it appears that there is

p. 978

not alleged any ground for relief, as a consequence of which there was no material issue of fact requiring resolution by trial. Concur — Breitel, J. P., Rabin, M. M. Frank, Valente, and Stevens, JJ.