Crowley v. Fowler

Though there are slight differences between the facts as stated in the petition and those contained in the answer and affidavits, the counsel for respondent agrees with the statement of the learned court at Special Term that there is no issue of fact. We have then to deal only with a question of law as to whether petitioner was entitled to an order; and it is evident from the written memorandum of the court below that no question of discretion is involved.

The petitioner was appointed from an eligible civil service list in August, 1918, to the position of recording clerk in the Onondaga county…