Rabouine v. McNamara

Appellate Division of the Supreme Court of New York

Rabouine v. McNamara

275 A.D.2d 1052

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

DecidedOctober 17, 1949

StatusPublished

This text of 275 A.D.2d 1052 (Rabouine v. McNamara) 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

Rabouine v. McNamara, 275 A.D.2d 1052 (N.Y. Ct. App. 1949).

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Opinion

Petitioner was appointed as a patrolman on July 1, 1947, and the basis for the action taken by respondents, which took place while petitioner was serving a probationary period of employment, of which petitioner has complained, is that petitioner had, within approximately the year prior to his appointment, signed a petition for the nomination of a Communist Party candidate for public office, and had also been a member of that party for a period of about three to five months, and by reason of which the respondent civil service commissioners were not satisfied as to the character and reputation Of petitioner. (See Civil Service Law, § 12-a; N. Y. City Mun. CiV. Serv. Comm. Rules, rule III, § VII, subd. 2.) We would not be warranted in interfering with the action taken by respondents upon the record presented in this proceeding. (Matter of Brenner v. Bruckman, 253 App. Div. 607; Friedman v. Schwellenbach, 159 F. 2d 22.) Carswell, Acting P. J., Johnston, Sneed, Wenzel and MacCrate, JJ., concur.

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Petitioner was appointed as a patrolman on July 1, 1947, and the basis for the action taken by respondents, which took place while petitioner was serving a probationary period of employment, of which petitioner has complained, is that petitioner had, within approximately the year prior to his appointment, signed a petition for the nomination of a Communist Party candidate for public office, and had also been a member of that party for a period of about three to five months, and by reason of which the respondent civil service commissioners were not satisfied as to the character and reputation Of petitioner. (See Civil Service Law, § 12-a; N. Y. City Mun. CiV. Serv. Comm. Rules, rule III, § VII, subd. 2.) We would not be warranted in interfering with the action taken by respondents upon the record presented in this proceeding. (Matter of Brenner v. Bruckman, 253 App. Div. 607; Friedman v. Schwellenbach, 159 F. 2d 22.) Carswell, Acting P. J., Johnston, Sneed, Wenzel and MacCrate, JJ., concur.

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Bluebook (online)

275 A.D.2d 1052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rabouine-v-mcnamara-nyappdiv-1949.

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