Quinn v. Streeter

This special proceeding under article 78 of the Civil Practice Act has been forthwith tried by the court after the entry of an order dismissing the preliminary objections raised by respondent to the petition. There were issues of fact raised by the petition and the answer, but upon the trial no questions of fact or disputed facts from which different inferences could be drawn, were presented.

Petitioner, a lieutenant of police, presented himself to the respondent civil service commissioners for examination as a candidate for promotion to the office of captain in the Buffalo city police. He was…