Clifford v. Police Commissioner

Frank, J. (dissenting).

This is an appeal by the police commissioner of the City of New York from an order permanently enjoining him from assigning police lieutenants designated as acting captains to perform certain specified duties without permanent civil service appointment as captains.

When the matter was first presented at Special Term, an order was entered denying the injunction. Thereafter upon some additional affidavits, a motion was made by petitioner for reargument. The learned court vacated the first order and granted the motion to enjoin the police commissioner. It would appear that…