McCarthy v. Carey

Appellate Division of the Supreme Court of New York

McCarthy v. Carey

5 A.D.2d 701, 169 N.Y.S.2d 1012, 1957 N.Y. App. Div. LEXIS 3426

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

DecidedDecember 30, 1957

StatusPublished

This text of 5 A.D.2d 701 (McCarthy v. Carey) 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

McCarthy v. Carey, 5 A.D.2d 701, 169 N.Y.S.2d 1012, 1957 N.Y. App. Div. LEXIS 3426 (N.Y. Ct. App. 1957).

Pincite

Opinion

Action for a judgment (1) declaring a list of eligibles for the position of captain in the Bureau of Police, Department of Public Safety of the City of Yonkers, to be void, and (2) enjoining certification and appointment of eligibles from the list, on the ground that the competitive examination from which the list resulted was held at a time when there was no vacancy for the position, in violation of the Civil Service Law and the rules of the respondent civil service commission. The appeal is from a judgment entered on stipulated facts declaring, inter alia, said examination and list to be valid, and denying the relief prayed for in the complaint. Judgment unanimously affirmed, with costs. No opinion.

Present — Nolan, P. J., Wenzel, Murphy, Ughetta and Hallinan, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Action for a judgment (1) declaring a list of eligibles for the position of captain in the Bureau of Police, Department of Public Safety of the City of Yonkers, to be void, and (2) enjoining certification and appointment of eligibles from the list, on the ground that the competitive examination from which the list resulted was held at a time when there was no vacancy for the position, in violation of the Civil Service Law and the rules of the respondent civil service commission. The appeal is from a judgment entered on stipulated facts declaring, inter alia, said examination and list to be valid, and denying the relief prayed for in the complaint. Judgment unanimously affirmed, with costs. No opinion.

Present — Nolan, P. J., Wenzel, Murphy, Ughetta and Hallinan, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

5 A.D.2d 701, 169 N.Y.S.2d 1012, 1957 N.Y. App. Div. LEXIS 3426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarthy-v-carey-nyappdiv-1957.