Appellate Division of the Supreme Court of New York, 1914

Horvay ex rel. Horvay v. Board of Education

Appellate Division of the Supreme Court of New York · Decided October 30, 1914

149 N.Y.S. 558 (New York Supplement)

Counsel

Chas. McIntyre, of New York City, for appellant., John T. Loew, of New York City, for respondent.

Opinion of the Court

PER CURIAM.

It affirmatively appears that the relator was dismissed for lack of work, and that no one was appointed in his place, *559and that his name was placed in the proper position upon the civil service list. It is clear that he has no right to be reinstated in a position in which there was no work for him to do.

The order appealed from, must therefore be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.

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