Turel v. Delaney
| Decision Date | 19 November 1941 |
| Citation | 287 N.Y. 15,38 N.E.2d 111 |
| Parties | TUREL et al. v. DELANEY et al. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, First Department.
Proceeding in the matter of the application of Solomon Turel and others against John H. Delaney and others, as members of the Board of Transportation of New York City and Paul J. Kern and others, constituting the Municipal Civil Service Commission of the City of New York, impleaded with others, for an order directing the Board of Transportation of the City of New York forthwith to appoint eligibles from the petitioners' eligible list in place of specified persons, and restraining the City of New York and the Comptroller thereof from making any payments out of city funds to the persons specified. From an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered June 18, 1941, 262 App.Div. 840, 29 N.Y.S.2d 507, which affirmed, so far as appealed from, an order of the court at Special Term, Cohalan, J., granting the motion, John H. Delaney and others appeal.
Orders modified and, as modified, affirmed. Paul L. Ross and Ralph R. Monroe, both of New York City, for defendants-appellants.
Albert B. Breslow, of New York City, for petitioner-respondent.
A court has no power to direct the Board of Transportation to appoint eligibles. That is a matter within its discretion which cannot be reviewed in this proceeding.
The orders should be modified in accordance with this memorandum and, as so modified, affirmed, without costs to either party.
Ordered accordingly.
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