Corporate Employment Service, Inc. v. Moss

Appellate Division of the Supreme Court of New York

Corporate Employment Service, Inc. v. Moss

258 A.D. 1053, 19 N.Y.S.2d 489, 1940 N.Y. App. Div. LEXIS 8863

Procedural entryThis page is a short order in Corporate Employment Service, Inc. v. Moss. Read the opinion of the Court — 263 A.D. 14 →

Appellate Division of the Supreme Court of the State of New York·Decided February 26, 1940·Published

Opinion

Orders reversed, with twenty dollars costs and disbursements, and the matter remitted to the commissioner of licenses for a full hearing on the merits. No opinion. Present —- Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.; Cohn, J.: I dissent and vote to affirm upon the ground that no statutory hearing was held as a result of which respondent made any final determination which would be the basis for review. In my opinion, the proper remedy of petitioner would be to apply for an order compelling the respondent to grant a full hearing and render a final determination.

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Orders reversed, with twenty dollars costs and disbursements, and the matter remitted to the commissioner of licenses for a full hearing on the merits. No opinion. Present —- Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.; Cohn, J.: I dissent and vote to affirm upon the ground that no statutory hearing was held as a result of which respondent made any final determination which would be the basis for review. In my opinion, the proper remedy of petitioner would be to apply for an order compelling the respondent to grant a full hearing and render a final determination.

Corporate Employment Service, Inc. v. Moss, 258 A.D. 1053, 19 N.Y.S.2d 489, 1940 N.Y. App. Div. LEXIS 8863 (N.Y. Ct. App. 1940).

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