Appellate Division of the Supreme Court of New York, 1953

Schwartz v. Board of Estimate

Schwartz v. Board of Estimate
Appellate Division of the Supreme Court of New York · Decided June 9, 1953
282 A.D. 663; 122 N.Y.S.2d 136; 1953 N.Y. App. Div. LEXIS 4575
Schwartz v. Board of Estimate

Opinion of the Court

Order affirmed, with $20 costs and disbursements to the respondents. Petitioner was bound by the valid resignation which he tendered, and the board of estimate, as a matter of law, had power, and as a matter of policy, a very broad one, to withhold granting permission to withdraw the tendered resignation. Consequently, it is unnecessary to determine the question of the kind of position petitioner held. Present — Peck, P. J., Glennon, Cohn, Callahan and Breitel, J J.; Cohn, J., dissents in the following memorandum: I dissent and vote to reverse and remit the matter to Special Term to have determined the issue as to whether petitioner was a private secretary. In the event it is determined that petitioner was not a private secretary, I am of the view that the refusal to grant his request to withdraw the retirement application in the circumstances of this case was capricious and arbitrary. [203 Misc. 701.]

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