Majority
p. 15In the Matter of Solomon Turel et al., Petitioners, and Isidore Mufsen, Respondent, against John H. Delaney et al., as Members of the Board of Transportation of the City of New York, Appellants, and Paul Kern et al., Constituting the Municipal Civil Service Commission of the City of New York, Respondents, Impleaded with Others. Argued October 7, 1941; decided November 19, 1941.
p. 16The court was without power to order the Board of Transportation forthwith to appoint eligidles from petitioners’ eligible list. (Judson v. City of Niagara Falls, 140 App. Div. 62 ; 204 N. Y. 630 ; Matter of Jaffe v. Board of Education, 265 N. Y. 160 ; Tonkin v. Leary, 234 App. Div. 448 ; 259 N. Y. 510 ; People ex rel. Tregaskis v. Palmer, 9 App. Div. 252 ; Matter of Morrison v. Cantor, 75 App. Div. 480 ; People ex rel. O’Donnell v. McClellan, 52 Misc. Rep. 609 ; People ex rel. Balcom v. Mosher, 163 N. Y. 32 ; Hurley v. Board of Education, 270 N. Y. 275 ; Matter of Cusack v. Board of Education, 174 N. Y. 136 ; Matter of Colligan v. Williams, 91 Misc. Rep. 128 .)
Paul L. Ross and Ralph R. Monroe for appellants.
Albert B. Breslow for respondent.
A court has no power to direct the Board of Transportation to appoint eligibles. That is a matter within its discretion which cannot be reviewed in this proceeding.
The orders should be modified in accordance with this memorandum and, as so modified, affirmed, without costs to either party.
Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.
Ordered accordingly.
Cases cited
- Jaffe v. Board of Education 265 N. Y. 160 p. 16
- Tonkin v. Leary 259 N. Y. 510 p. 16
- People ex rel. Tregaskis v. Palmer 9 App. Div. 252 p. 16
- People ex rel. O'Donnell v. McClellan 52 Misc. Rep. 609 p. 16
- People ex rel. Balcom v. Mosher 163 N. Y. 32 p. 16
- Hurley v. Board of Education 270 N. Y. 275 p. 16
- Cusack v. Board of Education 174 N. Y. 136 p. 16
- Colligan v. Williams 91 Misc. Rep. 128 p. 16