Farley v. Kraft — 204 N.Y. 675

Majority

p. 675

In the Matter of the Application of William W. Farley, as State Commissioner of Excise, Appellant, for a Peremptory Writ of Mandamus against John E. Kraft et al., Constituting the Civil Service Commission of the State of New York, Respondents.

(Argued February 14, 1912;

decided March 5, 1912.)

Headnote

Matter of Farley v. Kraft, 147 App. Div. 929 , affirmed.

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

p. 676

December 1, 1911, which affirmed an order of Special Term denying an application for a peremptory writ of mandamus to compel defendants to place the position of special agent in the department of excise' in the exempt class.

Simon Fleischmann, Louis M. King and A. M. Sperry for appellant.

Thomas Carmody, Attorney-General (Franhlin Kennedy of counsel), for respondents.

Order affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Haight, Vann, Weenee, Will a ed Baetlett, Hiscocic and Chase, JJ.