Eagan v. Board of Education — 214 N.Y. 653

Majority

p. 653

James J. Eagan, Appellant, v. The Board of Education of the City of New York, Respondent.

(Submitted February 23, 1915;

decided March 3, 1915.)

Headnote

Eagan v. Board of Education, New York City, 150 App. Div. 902 , appeal dismissed.

Motion to dismiss' an appeal, by permission, from a judgment of the Appellate Division of the Supreme

p. 654

Court iff the first judicial department, entered May 9, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover a sum alleged to have been illegally deducted from plaintiff’s salary as janitor of a public school.

The motion was made upon the ground of failure to file the required undertaking.

Frank L. Polk, Corporation Counsel (J. H. Greener of counsel), for motion.

No one opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion.