People ex rel. McGuiness v. McAneny — 211 N.Y. 535

Majority

p. 535

The People of the State of New York ex rel. James McGuiness, Appellant, v. George McAneny, President of the Borough of Manhattan, City of New York, et al., Respondents.

Headnote

People ex rel. McGuiness v. McAneny, 144 App. Div. 897 , appeal dismissed.

(Argued April 13, 1914;

decided April 28, 1914.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 28, 1911, which affirmed an order of Special Term denying a motion for a writ of mandamus to compel defendants to take the proceedings necessary to procure for the petitioner payment of his salary as highway foreman in the borough of Manhattan.

p. 536

Sumner B. Stiles and P. Henry Delehanty for appellant.

Frank L. Polk, Corporation Counsel (Terence Farley of counsel), for respondents.

Appeal dismissed, with costs, on the ground that it does not affirmatively appear that the application was not denied in the exercise of discretion; no opinion.

Concur: Willard Bartlett, Oh. J., Werner, His-cook, Chase, Collin, Cüddebaok and Hogan, JJ.