City of Yonkers v. Carey

This is a proceeding held pursuant to an order of Mr. Justice Wood dated July 1, 1975. The plaintiff seeks a declaratory judgment and a determination as to its authority to appoint and fill vacancies for the position of Registrar of Vital Statistics for the City of Yonkers. Initially the plaintiff sought a temporary injunction enjoining the defendants from refusing to certify an individual who had been appointed to fill the position. The defendants had cross-moved for an order dismissing the motion for injunctive relief and denying the plaintiff’s request for a declaratory judgment.

In a…