Stevens v. Village of Endicott

264 A.D. 4, 34 N.Y.S.2d 438, 1942 N.Y. App. Div. LEXIS 4053

Opinions

Plaintiff made application for membership in the National Guard and his acceptance by the recruiting officer was tantamount to a resignation as policeman. The plaintiff should not be permitted to violate a statute to his profit under another statute.

Order and judgment dismissing complaint affirmed.

Hill, P. J., Crapser, Heffernan and Foster, JJ., concur; Schenck, J., dissents, in an opinion.