In re Foley

Appellate Division of the Supreme Court of New York

In re Foley

257 A.D. 993, 1939 N.Y. App. Div. LEXIS 8846

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 27, 1939

StatusPublished

This text of 257 A.D. 993 (In re Foley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Foley, 257 A.D. 993, 1939 N.Y. App. Div. LEXIS 8846 (N.Y. Ct. App. 1939).

Pincite

Opinion

Petitioners instituted a proceeding under article 78 of the Civil Practice Act (a) to enjoin permanently the commissioner of police of a county from discharging them from employment as patrolmen of the county police department; (b) to compel the county civil service commission to place the names of petitioners on the eligible list as such patrolmen and to certify their names on the payroll as such for the salary heretofore received by them; and (c) to compel the comptroller of the county to audit the claims of petitioners for salary. The court at Special Term denied the application, dismissed the proceeding on the merits, and directed payment of petitioners’ salaries to the date of their dismissal. Order, in so far as appealed from, unanimously affirmed, without costs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.

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Petitioners instituted a proceeding under article 78 of the Civil Practice Act (a) to enjoin permanently the commissioner of police of a county from discharging them from employment as patrolmen of the county police department; (b) to compel the county civil service commission to place the names of petitioners on the eligible list as such patrolmen and to certify their names on the payroll as such for the salary heretofore received by them; and (c) to compel the comptroller of the county to audit the claims of petitioners for salary. The court at Special Term denied the application, dismissed the proceeding on the merits, and directed payment of petitioners’ salaries to the date of their dismissal. Order, in so far as appealed from, unanimously affirmed, without costs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.

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Bluebook (online)

257 A.D. 993, 1939 N.Y. App. Div. LEXIS 8846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-foley-nyappdiv-1939.