Walsh v. Patterson

Appellate Division of the Supreme Court of New York

Walsh v. Patterson

239 A.D. 757

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

DecidedMarch 15, 1933

StatusPublished

Cited by1 cases

This text of 239 A.D. 757 (Walsh v. Patterson) 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.

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

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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:

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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:

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239 A.D. 757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walsh-v-patterson-nyappdiv-1933.

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