Sunshine v. Marsh
Citation | 50 N.E.2d 105,290 N.Y. 775 |
Parties | Julius SUNSHINE, Appellant, v. Harry W. MARSH et al., Respondents. |
Decision Date | 27 May 1943 |
Court | New York Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, First Department, 265 App.Div. 927, 38 N.Y.S.2d 562.
Proceeding in the matter of the application of Julius Sunshine for an order pursuant to Article 78, s 1283 et seq., of the Civil Practice Act, directing Harry W. Marsh, president, and others, Commissioners, constituting the Municipal Civil Service Commission of the City of New York, and John H. Delaney, chairman, and others, constituting the Board of Transportation of the City of New York, to annul and void the order of May 29, 1941, increasing the salaries of certain Grade 3 engineers beyond the maximum limit of Grade 3 and to annul and void the classification of said employees as Grade 4 engineers.
The Appellate Division, 265 App.Div. 927, 38 N.Y.S.2d 562, reversed an order granting the petition in part and dismissed the petition, and the petitioner appeals.
Affirmed.
Order affirmed without costs on the ground that the denial of a mandamus order to challenge the validity of the promotion of employees who are not parties to the proceeding was under all the circumstances disclosed in the record a proper exercise of discretion. We decide no other question.
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