Immediato v. Kern — 278 N.Y. 680

Majority

p. 680

In the Matter of Louis J. Immediato, Individually and as President of the Assistant Foreman Eligibles Association, Appellant, against Paul J. Kern et al., Constituting the Civil Service Commission of the City of New York, Respondents.

Argued June 2, 1938;

decided July 7, 1938.

p. 681

Samuel Resnicoff and Samuel J. Joseph for appellant.

William C. Chanter, Corporation Counsel (,Jeremiah M. Evarts and Paxton Blair of counsel), for defendants, respondents.

Walter R. Hart and Bernard Shatzkin for intervening respondents.

Order affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Lotjghran and Finch, JJ. Dissenting: Rippet, J. Taking no part: Crane, Ch. J.