People rel. Braisted v. McCooey

Appellate Division of the Supreme Court of New York

People rel. Braisted v. McCooey

100 A.D. 240

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1905·Published·Cited by 1 cases

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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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. ,

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

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Opinion

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