Majority
p. 572The People of the State of New York ex rel. James G. Collins, Respondent, v. John F. Ahearn, as President of the Borough of Manhattan, City of New York, Defendant, and George F. Scannell, Appellant. (Argued November 10, 1909; decided November 30, 1909.)
Headnote
People ex rel. Collins v. Ahearn, 133 App. Div. 53 , affirmed.Appeal, .by permission, from an order of the Appellate Division of the Supreme Court in the first judicial depart
p. 573
ment, entered June 18, 1909, which reversed an order of Special Term denying a motion to strike out certain paragraphs of the answer in an action to compel the reinstatement of the relator to a position in the bureau of highways of the borough of Manhattan.
The following question was certified : “ Should the charges of criminal misconduct as a public official against the relator Oollins, found in paragraph eighth of the answer and return of the defendant Scannell to the alternative Avrit of mandamus herein, commencing with the words ‘ but on the contrary alleges,’ and continuing through the remainder of said paragraph eighth, and also in paragraphs thirteenth, fourteenth, fifteenth and sixteenth of the said answer and return be stricken out as irrelevant and scandalous ? ”
Roger B. Wood and George Gordon Battle for appellant.
Francis K. Pendleton, Corporation Counsel (Terence Farley of counsel), for John F. Aliearn, as president of the borough of Manhattan.
Herbert C. Smyth, Charles F. Brovm and John W.' Browne for respondent.
Order affirmed, with costs, and question certified answered in the affirmative; no opinion.
Concur: Cullen, Cli. J., Haight, Yann, Weenee, Willaed Baetlett and Chase, JJ. Absent: Hisoock, J.