Cash v. Bates

It is true that the preferred appointments of veterans with a disability of less than 10%, termed a “ zero per cent disability ”, was improper. But that does not mean that a court is warranted in removing them upon the application of petitioners who sue, not as “ citizens and taxpayers ”, but as persons on an eligible list that had expired long before this proceeding was instituted. Indeed, this court held precisely that — that removal was not warranted — some years ago in a case indistinguishable from the present one. (See Matter of Phillips v. Kaplan, 266 N. Y. 514, affg. 242 App. Div.…