Rifkin v. Rice

Appellate Division of the Supreme Court of New York

Rifkin v. Rice

250 A.D. 737, 294 N.Y.S. 733, 1937 N.Y. App. Div. LEXIS 8683

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

DecidedFebruary 26, 1937

StatusPublished

This text of 250 A.D. 737 (Rifkin v. Rice) 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

Rifkin v. Rice, 250 A.D. 737, 294 N.Y.S. 733, 1937 N.Y. App. Div. LEXIS 8683 (N.Y. Ct. App. 1937).

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Opinion

Order in so far as it grants an alternative order of mandamus and directs that the issues of fact raised herein be tried in Albany county unanimously affirmed, with ten dollars costs and disbursements. An issue of fact is presented as to whether the duties performed and the position occupied by petitioner were those of an investigator, grade 3. Upon the proof submitted on this issue of fact will depend the determination as to whether or not petitioner is eligible to take a promotion examination for investigator, grade 4. Present — Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ.

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Order in so far as it grants an alternative order of mandamus and directs that the issues of fact raised herein be tried in Albany county unanimously affirmed, with ten dollars costs and disbursements. An issue of fact is presented as to whether the duties performed and the position occupied by petitioner were those of an investigator, grade 3. Upon the proof submitted on this issue of fact will depend the determination as to whether or not petitioner is eligible to take a promotion examination for investigator, grade 4. Present — Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ.

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Bluebook (online)

250 A.D. 737, 294 N.Y.S. 733, 1937 N.Y. App. Div. LEXIS 8683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rifkin-v-rice-nyappdiv-1937.