Mancuso v. Mauriello

Petitioner moves for review and annulment of the order of the respondents, which affirmed the determination of the Department of Public Works of the City of New York. Respondents urge that the court is without jurisdiction. The contention is based on the provisions of subdivision 3 of section 76 of the Civil Service Law, which provides that the determination on appeal to the Civil Service Commission is final and conclusive and not subject to further review by the court. It was so held in Matter of Wallheimer (N. Y. L. J., Jan. 30, 1962, p. 12, col. 8). Petitioner relies on a contrary…