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In re Hammond

127 N.Y.S. 1123 Court N.Y. App. Div. English

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p. 1123
In re HAMMOND.
(Supreme Court, Appellate Division, Fourth Department.
October, 1910. )

Headnote

In the matter of the application of Clark H. Hammond, as Corporation Counsel of the City of Buffalo, New York, for a peremptory writ of mandamus against George A. Rick-er and others, constituting the Municipal Civil •Service Commission of the City of Buffalo, and Louis P. Fuhrmann, as mayor of said city.

Order of reversal, entered July 12, 1910 ( 140 App. Div. 19 , 124 N. Y. Supp. 406 ), amended nunc pro tunc so as to read as follows: “Order reversed, and proceeding dismissed, without costs, upon the grounds, first, that as matter of law the State Civil Service Commission was a necessary party; second, that, even if it was not a necessary party as matter of law, it was a proper party, and the proceeding should not have been determined without its presence as a party. All concur.”