Weber v. Lang

Foster, J. (dissenting).

In this proceeding under article 78 of the Civil Practice Act, the Civil Service Commission of the City of New York and the Comptroller appeal as of right from an order of the Appellate Division, First Department, which reversed on the law an order of Special Term dismissing the petition herein, and granted the application of the petitioners, six Personnel Examiners in the employ of the New York City Civil Service Commission, to restrain appellants from designating six other Personnel Examiners as Senior Personnel Examiners.

The civil service structure of the City of…