Appellate Division of the Supreme Court of New York, 1905

People ex rel. Braisted v. McCooey

People ex rel. Braisted v. McCooey
Appellate Division of the Supreme Court of New York · Decided January 6, 1905
91 N.Y.S. 436; 100 A.D. 240 (New York Supplement)

Counsel

William B. Crowell, for appellants., Louis J. Grant, for relator.

People ex rel. Braisted v. McCooey

Opinion of the Court

PER CURIAM.

Neither upon the facts nor the law was there warrant for the granting of a peremptory writ of mandamus. In the absence of charges of bad faith or illegal action, we cannot review the determination of the civil service commissioners in rating •candidates in competitive examinations, either by certiorari or by mandamus. People ex rel. Allaire v. Knox, 62 App. Div. 29, 70 N. Y. Supp. 845, affirmed 168 N. Y. 642, 61 N. E. 1127.

The order appealed from must be reversed, with costs, and the motion denied.

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