People rel. Braisted v. McCooey

Appellate Division of the Supreme Court of New York

People rel. Braisted v. McCooey

100 A.D. 240

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

DecidedJanuary 15, 1905

StatusPublished

Cited by1 cases

This text of 100 A.D. 240 (People rel. Braisted v. McCooey) 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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People rel. Braisted v. McCooey, 100 A.D. 240 (N.Y. Ct. App. 1905).

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Opinion

Per Curiam :

Neither upon the facts nor the law was there warrant for the granting of a peremptory Writ of mandamus. In the absence of charges of bad faith or illegal action we cannot review the determi[241]*241nation of the civil service commissioners in rating candidates in competitive examinations, either by certiorari dr by mandamus. (Matter of Allaire v. Knox, 62 App. Div. 29; affd., 168 N. Y. 642.)

The order appealed from must be reversed, with costs, and the motion denied.

Present—Van Brunt, P. J., Patterson, O’Brien, Hatch and Laughlin, JJ.

Order reversed, with costs, and motion denied, with costs. ,

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