In re Donovan — 179 N.Y. 527

Majority

p. 527

In the Matter of the Application of Bartholomew Donovan, Appellant, for a Peremptory Writ of Mandamus against Jacob J. Cantor, Individually and as President of the Borough of Manhattan of the City of New York, et al., Respondents.

Headnote

Matter of Donovan v. Cantor, 89 App. Div. 50 , appeal dismissed.

(Argued June 2, 1904;

decided June 17, 1904.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered

p. 528

December 24,1903, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to appoint the relator to the position of superintendent of public baths in the city of New York and dismissed said writ.

Roger Foster for appellant.

John J. Delany, Corporation Counsel (Theodore Gonnoly and W. B. Crowell of counsel), for respondents.

Appeal dismissed, with costs; no opinion.

Concur: Parker-, Ch. J., O’Brien, Bartlett, Martin, Yann, Cullen and Werner, JJ.

Cases cited

People ex rel. Donovan v. Cantor 89 App. Div. 50 N.Y. App. Div. 1903-12-18 p. 527