Walsh v. Patterson

Appellate Division of the Supreme Court of New York

Walsh v. Patterson

239 A.D. 757

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1933·Published·Cited by 1 cases

Opinions

Order reversed on the law, without costs of this appeal to either party, and petition dismissed, without costs, without prejudice to a renewal of the application, on the ground that the moving papers fail to show that the petitioner occupied a position in the civil service de jure under an appointment after proof of merit and fitness. (Matter of Meehan v. Flaherty, 119 App. Div. 128; People ex rel. Hannan v. Board of Health, 153 N. Y. 513.) All concur, except Crosby, J., who dissents and votes for affirmance in a memorandum as follows:

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Order reversed on the law, without costs of this appeal to either party, and petition dismissed, without costs, without prejudice to a renewal of the application, on the ground that the moving papers fail to show that the petitioner occupied a position in the civil service de jure under an appointment after proof of merit and fitness. (Matter of Meehan v. Flaherty, 119 App. Div. 128; People ex rel. Hannan v. Board of Health, 153 N. Y. 513.) All concur, except Crosby, J., who dissents and votes for affirmance in a memorandum as follows:

Walsh v. Patterson, 239 A.D. 757 (N.Y. Ct. App. 1933).

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