Appellate Division of the Supreme Court of New York, 1939

In re Wittekind

In re Wittekind
Appellate Division of the Supreme Court of New York · Decided February 24, 1939
256 A.D. 918; 10 N.Y.S.2d 862; 1939 N.Y. App. Div. LEXIS 5443
In re Wittekind

Opinion of the Court

Order entered on or about December 31, 1938, affirmed, with ten dollars costs and disbursements. No opinion. Present — O’Malley, Townley, Dore, Cohn and Callahan, JJ.; Callahan, J., dissents and votes to reverse and deny the motion for an order directing the muniei*919pal civil service commission for the city of New York to revoke the resolution adopted by it at its meeting on September 8, 1938, on the ground that the action taken was within the power and discretion of the defendants-appellants.— Order entered February 9, 1939, affirmed, with ten dollars costs and disbursements to the petitioners-respondents against the intervenors-appellants. No opinion. Present — O’Malley, Townley, Dore, Cohn and Callahan, JJ.; Callahan, J., dissents and votes to reverse and grant the motion of the intervenors-defendants to amend their answers. [See 170 Mise. 939.]

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