Uniformed Fireman's Benevolent Ass'n v. Herten

In an action to declare the legal rights and relations of the parties; to determine whether the defendants had the power to extend the duration of a civil service list; to determine whether an appointment from said extended list would be valid; and for other relief, the plaintiffs appeal from an order of the Supreme Court, Westchester County, entered January 20, 1965, which granted the defendants’ motion, made pursuant to statute (CPLR 3211, subd. [a], par. 7), and which dismissed the complaint on the ground that it fails to state a cause of action. Order reversed, without costs, and judgment…