Nathanson v. Adams

Appellate Division of the Supreme Court of New York

Nathanson v. Adams

1 A.D.2d 823, 148 N.Y.S.2d 742, 1956 N.Y. App. Div. LEXIS 6253

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

DecidedFebruary 24, 1956

StatusPublished

Cited by2 cases

This text of 1 A.D.2d 823 (Nathanson v. Adams) 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.

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Nathanson v. Adams, 1 A.D.2d 823, 148 N.Y.S.2d 742, 1956 N.Y. App. Div. LEXIS 6253 (N.Y. Ct. App. 1956).

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Opinion

[824]*824It appears from the record that the police commissioner followed subdivision 1 of section VII and section VIII of rule V of the civil service regulations (N. Y. City Mun. Civ. Serv. Comm. Rules) in passing over the name of the petitioner. The record before the court does not suggest any abuse of the commissioner’s discretion or warrant the court’s rejecting or inquiring further into the commissioner’s denial that petitioner had been refused appointment because of his mother’s signing a Communist nominating petition. Grounds upon which the commissioner might appropriately have acted are acknowledged in the petition. People ex rel. Balcom v. Mosher (163 N. Y. 32) is controlling. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the petition dismissed. Settle order on notice. Concur — Peck, P. J., Bastow, Rabin, Cox and Frank, JJ. [207 Misc. 577.]

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[824]*824It appears from the record that the police commissioner followed subdivision 1 of section VII and section VIII of rule V of the civil service regulations (N. Y. City Mun. Civ. Serv. Comm. Rules) in passing over the name of the petitioner. The record before the court does not suggest any abuse of the commissioner’s discretion or warrant the court’s rejecting or inquiring further into the commissioner’s denial that petitioner had been refused appointment because of his mother’s signing a Communist nominating petition. Grounds upon which the commissioner might appropriately have acted are acknowledged in the petition. People ex rel. Balcom v. Mosher (163 N. Y. 32) is controlling. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the petition dismissed. Settle order on notice. Concur — Peck, P. J., Bastow, Rabin, Cox and Frank, JJ. [207 Misc. 577.]

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Bluebook (online)

1 A.D.2d 823, 148 N.Y.S.2d 742, 1956 N.Y. App. Div. LEXIS 6253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nathanson-v-adams-nyappdiv-1956.

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