Ballantine v. City of Glen Cove

Appellate Division of the Supreme Court of New York

Ballantine v. City of Glen Cove

264 A.D. 773, 1942 N.Y. App. Div. LEXIS 4668

Appellate Division of the Supreme Court of the State of New York·Decided May 4, 1942·No. Appeal No. 2·Published

Opinion

In a proceeding for an order directing appellants to reinstate and re-employ respondent, and for other relief, order granting motion of the respondent to set down for trial the issues of fact raised by the answer, reversed on the law, without costs, and the motion denied, without costs. There are no issues to be tried, in the light of the dismissal of the petition in accordance with our disposition in the appeal in Matter of Ballantine v. City of Glen Cove (ante, p. 773), decided herewith. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

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In a proceeding for an order directing appellants to reinstate and re-employ respondent, and for other relief, order granting motion of the respondent to set down for trial the issues of fact raised by the answer, reversed on the law, without costs, and the motion denied, without costs. There are no issues to be tried, in the light of the dismissal of the petition in accordance with our disposition in the appeal in Matter of Ballantine v. City of Glen Cove (ante, p. 773), decided herewith. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

Ballantine v. City of Glen Cove, 264 A.D. 773, 1942 N.Y. App. Div. LEXIS 4668 (N.Y. Ct. App. 1942).

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