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People ex rel. Leary v. Knox

67 N.Y.S. 1142 Court N.Y. App. Div. Decision date 1900-11-09 English

Decision Majority — INGRAHAM, J. · Concurring — HATCH, J. · Dissent — O’BRIEN, J.

Contents
p. 1142
PEOPLE ex rel. LEARY, Respondent, v. KNOX et al., Civil Service Com’rs, Appellants.
(Supreme Court, Appellate Division, First Department.
November 9, 1900.)

Headnote

Application by the people of the state of New York, on relation of John P. Leary, against Charles H. Knox and others, commissioners constituting the civil service commission of the city of New York, for-mandamus to compel the latter to certify on the pay roll of the applicant that he was on a certain date promoted to the position of roundsman of the police force of the city of New York. From an order granting the writ, defendants appeal.
Reversed.
Theodore Connoly, for appellant.
Abram I. Elkus, for respondent.

For the reasons stated in the case of People v. Knox (Sup.) 66 N. Y. Supp. 984 , the order appealed from is reversed, and motion denied, with costs.

VAN BRUNT, P. J., and PATTERSON, J., concur.

For the reasons stated in my opinion in People v. Knox (Sup.) 66 N. Y. Supp. 984 , I concur with Mr. Justice INGRAHAM.

For the reasons stated in my opinion in People v. Knox (Sup.) 66 N. Y. Supp. 984 , I dissent.